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The Court in the 17th Century

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Guide to Users

The plaintiff’s/defendant’s cases

The court would then proceed to interrogate witnesses, taking each side’s case in turn. Sometimes, with cases from London or the home counties, interrogation would take place before the court or in front of Sir Henry Marten, sitting in his chambers. However, in most instances the court would issue letters commissory appointing gentry named by the two parties to hear depositions before a notary public of the civil courts at a convenient local venue, often an inn. Each witness would be examined on a list of interrogatories provided by the parties, with the plaintiff’s witnesses being examined on the articles in his libel and a set of defence interrogatories, and then at a later stage defence witnesses being examined on the basis of the defence and a set of plaintiff’s interrogatories. The resulting depositions, which sometimes ran to many pages, would be recorded and then returned to the court by the notary public. Once the process had been completed for the plaintiff, generally over a period of several weeks, the same thing would happen with the case for the defence. It was open to either party during this period to plead for a verdict on the evidence which had already been submitted, or to request that the whole matter be referred to arbitration. Pleas for an immediate verdict were not generally heeded, but the court was very keen to encourage arbitration, mindful of how destructive these disputes could be, particularly where the parties involved were substantial local gentry. There are numerous instances of cases being referred to senior gentry and noblemen in the hopes of achieving a settlement; and in 19 of the 126 cases where the outcome is known (15%)  this was achieved

The Crown Inn, Evesham, where William Dingley's witnesses were examined in September 1639 in case 161, Dingley v Maulten (Photograph: Richard Cust)
 

The normal order of proceedings and case papers during these stages of the case was as follows:

1. Letters commissory for the plaintiff               

2. Appointment of notary public                                   

3. Defence interrogatories                                            

4. Second set of defence interrogatories            .

5. Letters substitutional for the plaintiff              

6. Preamble to plaintiff’s depositions                

7. Plaintiff’s depositions                                               

8. Notary public’s certificate                                        

9. Letters remissional                                       

10. Defence                                                                 

11. Letters commissory for the defendant                      .

12. Plaintiff’s interrogatories                                         

13. Second set of plaintiff’s interrogatories                   

14. Letters subsitutional for the defendant                     

15. Preamble to defence depositions                            

16. Defence depositions                                               

17. Notary public’s certificate                                      

18. Arbitration                                                             

19. King of Arms’ Report

Proceed to: Sentence/Arbitration