Legal Definitions - clerk of records and writs

The clerk of records and writs was a historical administrative official within the English Court of Chancery, which handled matters of equity and specific legal remedies. This role was central to the court's operations, primarily involving the management and authentication of legal documents.

Their key responsibilities included:

• Systematically filing all incoming court documents, ensuring a proper record of legal proceedings.
• Officially sealing important legal instruments, such as "bills of complaint" (documents that initiated lawsuits) and "writs of execution" (court orders used to enforce judgments).

The office of the clerk of records and writs was abolished in 1879, with its duties subsequently transferred to the Central Office of the English court system.

Here are some examples illustrating the role of the clerk of records and writs:

• Initiating a Legal Action: In the early 19th century, a wealthy landowner believed a neighboring estate had illegally diverted a stream, causing damage to his crops. His solicitor would prepare a bill of complaint detailing the grievance and seeking an injunction. This document would then be submitted to the clerk of records and writs, who would officially file it, thereby formally commencing the legal proceedings in the Court of Chancery.

  This example demonstrates the clerk's duty in filing the foundational documents that initiated legal cases.

• Enforcing a Court Judgment: After years of litigation, a merchant successfully sued a shipping company for breach of contract and was awarded a significant sum in damages. When the shipping company failed to pay, the merchant's legal team would apply for a writ of execution to seize the company's assets. The clerk of records and writs would be responsible for officially sealing this writ, making it a legally enforceable order for the sheriff to carry out the judgment.

  This illustrates the clerk's critical role in sealing writs, which were essential for enforcing court decisions and ensuring justice was served.

• Maintaining Court Archives: Imagine a complex inheritance dispute from the mid-18th century that involved numerous family members and extensive property. Decades later, a descendant needs to review the original court orders and the evidence presented to clarify a claim to a distant title. The clerk of records and writs (or their office) would have been responsible for the meticulous filing and long-term preservation of every document related to that case, ensuring the integrity and accessibility of these historical legal records for future reference.

  This highlights the broader administrative function of the clerk in maintaining comprehensive and accessible court records over time, which was vital for legal continuity and historical accuracy.