Legal Definitions - clerici de cancellaria

Clerici de cancellaria

This historical Latin term translates to "clerks of the chancery." These individuals were specialized officials within the English Court of Chancery, primarily responsible for drafting and issuing routine legal documents known as "writs of course" (or brevia de cursu). These writs were standardized forms used to initiate common legal proceedings, such as compelling someone to appear in court or to perform a specific action. Essentially, the clerici de cancellaria served as the administrative backbone for starting many legal actions in medieval and early modern England. They are also referred to as "cursitors."

Here are some examples illustrating their role:

• Imagine a landowner in 15th-century England who discovered their neighbor had illegally built a fence on their property. To formally begin a legal challenge, the landowner would have approached the Court of Chancery. A clerici de cancellaria would then have been responsible for preparing and issuing the specific writ—a standardized legal command—that would summon the neighbor to court to answer for the alleged encroachment. This writ was the essential first step in initiating the legal dispute.

• Consider a merchant in the 14th century who was owed a significant sum of money by another party and needed to enforce the debt through legal means. The merchant would seek a writ from the Chancery to compel payment. A clerici de cancellaria would be the specific clerk tasked with drafting the appropriate "writ of debt," ensuring it followed the correct legal form and was officially sealed by the court. This act transformed the merchant's grievance into a formal legal demand, allowing the case to proceed.

• During a period of social unrest, a local sheriff needed to ensure that certain individuals appeared before a royal commission to provide testimony regarding a disturbance. The sheriff would request the necessary legal instrument from the Chancery. A clerici de cancellaria would then prepare and issue a "writ of subpoena" or a similar command, a routine document that legally obliged the named individuals to attend. This demonstrates their role in facilitating the administrative and procedural aspects of maintaining public order and justice.