Nature of Source
Records from the Court of Exchequer which was originally a common law court but developed into an equity court from the 1640s. The court mainly dealt with disputes over land titles, manorial rights, bonds, debts and wills. Some common law cases were heard by the court. Other equity courts included the Chancery, the Court of Requests and the Court of Star Chamber.
The court’s equity business was transferred to Court of Chancery in 1841. Earlier bill and writs from 1260 are recorded in the Exchequer available in series E 5 at TNA. Before 1223 the court was a part of the Curia Regis.
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.
Also see
Assize Records
Court of Chancery
Court of Common Pleas
Court of King’s/Queen’s Bench – Curia Regis
Court of Wards & Liveries
General Eyre
Petty Sessions
Quarter Session Records
Where Found
The National Archives (E 13, Records of the Exchequer)
Society of Genealogists (Bernau Index: The records consists of a microfilm collection of around four and a half million slips, dealing with equity courts including the Court of Chancery, the Court of Exchequer, the Court of Requests and the Star Chamber. The information was extracted mainly but not exclusively from series C 11. The index was compiled between 1914 and 1929 by Charles Allan Bernau [1878-1961] one of the founders of the Society of Genealogists. An entry in the index contains the names of petitioners and defendants and the names of defendants and deponents with a reference number to the original National Archives document)
British Record Society (Founded in 1889, the society specialises in publishing indexes, calendars and transcripts of British public records. The society is best known for indexes to pre-1858 wills and Hearth Tax returns. Other indexes include marriage licences, inquisitions post mortem, chancery proceedings and Coram Rege Rolls. Also check with local Record Societies for indexes and calendars of material held at a local level. Volumes can be found at local libraries, family history societies, the British Library, TNA library, and the Society of Genealogists)
List and Index Society (The Society publishes records found in The National Archives, the British Museum, Scottish Record Office and others. The published records includes calendars of TNA’s holdings of Lay Subsidy Rolls, calendars of Patent Rolls, Tithe Award Records. Publications in yellow binders or covers relate to TNA records whilst those in red relate to records from other sources)
Period Covered
1558 – Onwards
Genealogical Value
N/A
Further References
- Bevan, Amanda. Tracing Your Ancestors in the National Archives: The National Archives, 2006
- Horwitz, Henry. Exchequer Equity Records and Proceedings 1649-1841: Public Record Office, 2001
- 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)
- Moore, Susan. Tracing Your Ancestors Through the Equity Courts: A Guide for Family and Local Historians: Pen & Sword Family History, 2017
- Oates, Jonathan. Tracing Your Ancestors from 1066 to 1837: Pen and Sword Books, 2012
Websites
www.nationalarchives.gov.uk/help-with-your-research/research-guides/court-exchequer (The National Archives Guide: How to look for records of Court of Exchequer. Use this guide for advice on how to find records of the Court of Exchequer held at The National Archives. These are records of civil disputes. It mostly covers cases dealt with on the equity side of the court)
www.nationalarchives.gov.uk/help-with-your-research/research-guides/court-of-requests-records-1485-1642 (The National Archives Guide: How to look for records of Court of Requests records 1485-1642. Use this guide for advice on how to find records of the Court of Requests spanning almost the entire life of the court, from 1485 to 1642)
www.nationalarchives.gov.uk/help-with-your-research/research-guides/court-star-chamber-records-1485-1642 (The National Archives Guide: How to look for records of Court of Star Chamber records 1485-1642. This guide provides advice on how to find records created by and related to the Court of Star Chamber)
https://archives.history.ac.uk/cmh/exchequer.html (Eighteenth-Century Exchequer Records as a Geneaological Source, by Tony Trowles)
www.nrscotland.gov.uk/research/guides/exchequer-records (National Records of Scotland Guide: Exchequer Records)
https://discovery.nationalarchives.gov.uk/SearchUI/browse/C13526 (Guide to Ancient Petitions, Henry III-James I)
Other 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
Equity Pleadings Database (Discover manorial, domestic and trading disputes, disputes over land purchase, apprenticeship agreements, marriage settlements and much more. Data from the Equity Pleadings database, which was produced with the support of the Transport History Research Trust, the Friends of The National Archives and the Pilgrim Trust, has now [September 2012] been incorporated into the catalogue. The series is searchable by person, place, subject, short title and piece reference)
www.findmypast.co.uk (Surrey Court Cases 1391-1835. Search an index created by Cliff Webb of Surrey court cases including cases from the Surrey Court of Star Chamber, 1485-1649; Surrey Exchequer Court, 1497-1835; Surrey Court of Requests, 1500-1624 and Surrey Court of Chancery, 1391-1758. Each transcript will give you the archival reference needed to request the documents from The National Archives)
The Genealogist
Court Record Collection. Search millions of historical names from rolls and calendars covering courts such as Court of Chancery, Court of Star Chamber, Court of Exchequer and the Court of Requests. The site features indexed entries and calendars of equity suits, allowing you to search records by forename, surname, date, and keyword.
www.commonlii.org (Commonwealth Legal Information Institute: England and Wales High Court [Exchequer Court] Decisions, 1584-: Free searchable online access to core legal judgments, decisions and reports from the Exchequer Division of the English and Wales High Court. The Exchequer Court was a former superior court in Great Britain dealing with matters of revenue, now merged with the King’s or Queen’s Bench. Users can also browse court proceedings by titles or year)
Ancient Petitions, Henry III – James I (Details of petitions contained in TNA series SC 8 pursuing grievances which could not be resolved at common law, or requests for a grant of favour. Searches can be made directly in the TNA Discovery Catalogue with the reference for the petition or a general search within the series)
www.ancestry.co.uk (Ireland, Exchequer Court of Equity Bill Books, 1674-1850. This collection includes records relating to individuals involved in court proceedings over financial disputes such as titles of land, debts and wills)
www.findmypast.co.uk (Ireland, Court Of Exchequer Bill Books 1627-1884. Discover records from one of Ireland’s most senior courts which mainly dealt with cases concerning equity. Expect to find records full of land and business owners, merchants, professionals and farmers with large estates)
CD Roms
N/A
