2. The Court of Appeal and its records

The Court of Appeal hears:

• civil cases from the High Court
• appeals from county courts (since 1934)
• appeals from certain administrative bodies, such as the Lands Tribunal, the Patents Appeal Tribunal and the Income Tax Commissioners

Most records relating to appeal cases give very few details about the original case and only briefly note the decision on appeal, without giving reasons.

Written arguments were not submitted to the Appeal Court but the case was argued verbally in the court.

Most appeal case records held at The National Archives give very few details about the original case and only briefly note the decision on appeal.

After 1927 only a 2% random sample of most records were kept and are held by The National Archives.

3. How to find civil appeal cases

The National Archives may not be the best place to start your research, especially for more recent cases (1995 onwards). Recent court documents are with the Ministry of Justice but full judgments and court transcripts are available via online legal databases (subscriptions may be required).

The Find Case Law service provides public access to recent judgments from the England and Wales High Court, the Court of Appeal, the Supreme Court and tribunal decisions from the Upper Tribunals. The service will be expanded to include more courts and tribunals and a greater range of judgments will be added. For more information see the website.

Transcripts of some Court of Appeal (Civil Division) cases can be found on the BAILII website.

Significant cases are likely to have been published in The Law Reports, giving basic facts.

From 1884 Law reports were published in The Times (charges apply) which you can view free of charge at The National Archives, Kew.

You can search some records by name using advanced search but often you will need to browse records by date. If you need advice on how to browse, read our help pages.

It is useful to know which court the appeal came from as this affects where you look for records.

3.1 Cases from the Chancery Division (1875-1955)

For 1875-1955, cases that came from Chancery Division of the High Court should be registered in the Entry Books of Decrees and Orders in J 15. The entry records the referral and there will also be a note of the decision made by the Appeal Court.

Entry books are divided alphabetically by surname and by year. Surnames beginning A-K will be listed in ‘A’ books, surnames L-Z are in the ‘B’ books. Entries within the books are in chronological order, not alphabetical, and there are both printed and written series for each year.

To access these you need to use the Entry Book indexes which are available in the Map and Large Document reading room at The National Archives, Kew. You will need a readers’ ticket to view the indexes.

Registrars’ Court Books and Minutes Books in J 56 also have details of cases heard by the Court of Appeal but from 1927 only a 2% sample has been kept. You can browse them by date or search within the series by name of registrar if known.

3.2 Cases from King’s/Queen’s Bench or Exchequer Division (1875-1926)

If the case came to the Court of Appeal from the Exchequer Division (before 1880) or the Queen’s/King’s Bench Division (after 1880), judgments are noted in the rule books in KB 25. These cover the period 1875-1906 and you can browse them by year.

The rule books have indexes but the entries do not give much detail about the case. They also contain appeals from other courts, mainly county court cases relating to workmen’s compensation after 1897 (see section 3.5).

From 1907-1926, judgments are recorded in the order books in J 70, which are arranged chronologically. Each year then has several parts which each contain an index. You cannot tell which part you need so you will need to order all parts for the year you are researching. No order books have been kept after 1926.

Detail of case file J 157/30, an appeal by Mary Whitehouse concerning the broadcast of the film Scum on Channel 4.

3.4 Final and Interlocutory Appeals motions (1918-1926)

Interlocutory appeals appeal on an aspect of a case while the case is still proceeding, while the final appeal is on the case as a whole. A motion is an application to the court.

Notices of final appeals to the Court of Appeal for the period 1918-1926 are in J 69, together with copies of the original judgment.

Notices of interlocutory appeals – appeals against procedural orders in the case – are also in J 69, for 1918-1920. They may be endorsed with the Court of Appeal’s ruling or include a copy of its final order.

County Court cases include judges’ notes. Notices of final appeal had to be submitted within six weeks, and those of interlocutory appeals within 14 days of the previous ruling. Only cases from county courts have to give the grounds of appeal.

After 1927, only a 2% sample of appeal notices have been kept. You can search later notices by name of appellant or respondent.

3.5 Workmen’s compensation cases (1875-1951)

Notices of appeal from county courts in workmen’s compensation cases can be found in:

• KB 25 for 1875-1906. You can browse KB 25 by date (see 3.2)
• J 70 for 1907-1926. Browse by date and order all parts for the year of interest
• J 71 for 1910-1951. Browse by date and order all parts for the year

Order books relating to workmen’s compensation appeal cases referred from County Courts are in J 72 and cover 1911-1926.

3.6 Records of the Employment Appeal Tribunal (1976-1988)

Selected case files are in series J 149 and are searchable by surname of appellant and the name of their employers.

Registers of cases are in series J 150, arranged by case number and year.

Transcriptions of judgments of the tribunal can be found on the BAILII website.

3.7 Appeals under the Benefices Act 1898 (1899-1952)

Appeals relating to an ecclesiastical benefice, which was heard by a judge of the Supreme Court and the archbishop of the province are in J 142.

You can search these records by name of appellant (often a vicar/rector) and respondent (title of Bishop).

4. If you can’t find a court of appeal civil case record

You can try looking for a High Court of Justice record which covers the period before the appeal. Only a 2% random sample of all High Court of Justice cases, together with cases considered to be of historical interest, are transferred to the National Archives.

You can search them by name within record series J 83 and J 84.

They can include:

• the Notice of Appeal
• the existing pleadings, orders and evidence submitted to the court appealed from
• the judgment
• in county court cases, judge’s notes

Confidential papers may be closed. Check the record description in our catalogue for further details.

5. Appeals to the House of Lords

Records relating to cases heard by the House of Lords on appeal are held by the Parliamentary Archives.

Copies of judgments made by the House of Lords on appeal from the Court of Appeal, together with petitions of appeal, are in KB 34/1 for the period 1885-1906.

Transcriptions of judgments in the House of Lords can be found on the BAILII website.

In 2009 the Supreme Court replaced the House of Lords as the highest court of appeal for civil cases in the United Kingdom.

6. Records in other archives

The Guildhall Library holds various collections of published law reports. Significant cases are likely to have been published in The Law Reports, giving:

• the basic facts
• arguments and the reason the court may have given for its judgment

The 1884 Law reports have been published in The Times (charges apply).

The British Library and the Law Society Library hold indexes to Court of Appeal transcripts. The Law Society Library  will provide copies of individual judgments for a fee

7. Further reading

Visit the National Archives’ shop for a range of publications relating to courts and the legal profession.

Lord Justice Cohen, ‘Jurisdiction, practice and procedure of the Court of Appeal’, Cambridge Law Journal, volume 11, number 1 (1951)

2. What can I find at The National Archives?

There is no simple register, at The National Archives or elsewhere, of people who are now entitled to hold markets and fairs.

You can trace records showing an early royal grant of such rights but these may have no bearing whatsoever on present day market rights.

Early markets and fairs were generally held in one of two ways and this affects whether it was recorded in a charter or not.

If they were held:

• by virtue of a specific royal grant, you are likely to find a charter recording it
• by prescriptive right, that is, based on immemorial custom, you may not find any charter evidence

You are also unlikely to find charters for markets and fairs held on the land within the royal demesne.

Most grants before 1733 were in Latin and there may not be a published translation. It is also rare to find details of the exact site or regulations governing the market or fair.

3. Medieval and early modern markets and fairs

3.1 Grants for markets and fairs until 1516

From 1199-1516 royal grants of markets and fairs were generally recorded in charters. You can usually find these in the Charter rolls (C 53). Grants are also sometimes in the Patent rolls (C 66) and Close rolls (C 54).

To find these grants start with the Gazetteer of market and fairs in England and Wales to 1516 (hard copies also available at The National Archives). This provides detailed information on the evidence for markets and fairs, and includes references which you can use to find the original documents in The National Archives. Please note, not all sources referred to in the Gazetteer are available at The National Archives.

You can also find summaries of grants in the printed calendars of Charter rolls, Close rolls and Patent rolls. These are available at The National Archives and major reference libraries.

For 1199-1483 an incomplete list of charters conferring rights over markets and fairs, compiled using documents in The National Archives, is in Appendix XIX of the First report of the Royal Commission on market rights and tolls (1889). Although superseded by the Gazetteer mentioned above, it is useful as it lists the grants chronologically.

3.2 Grants for markets and fairs after 1516

From 1516 royal grants were generally recorded in the Patent rolls (C 66).

There are a number of different types of calendars and indexes to help you search the Patent rolls, all of which are available at The National Archives.

3.3 Markets and fairs in special jurisdictions

The sources mentioned above do not cover grants made by special jurisdictions (notably the Duchy of Lancaster and the Palatinates of Chester, Durham and Lancaster).

To find grants within the Duchy of Lancaster, search Discovery, our catalogue, using the keywords ‘market OR fair’ within the record series DL.

For the Palatinates of Chester (CHES), Durham (DURH) and Lancaster (PL) read the publication notes within their full catalogue descriptions. These provide details of finding aids for the series.

3.4 Clerk of the Market

The Clerk of the Market of the King’s Household exercised control over weights, measures and market prices.

You can find related records in:

• accounts of the Exchequer (E 101 subseries: Marshalsey of the Household)
• Estreats (E 137, especially E 137/144/2)
• various enrolled Chancery series, State Papers Domestic and Lord Steward’s department. These have occasional mentions only

From the 1640s all owners of market rights were fully liable for maintaining their own correct weights and measures.

A few sample indentures of receipts for standard weights and measures from the Exchequer in the late 17th and late 18th centuries are in E 407/88.

4. Modern markets and fairs (late 18th century onwards)

For records of commissions, licences and correspondence concerning markets and fairs, search:

• HO 45 by keywords (‘market’ or ‘fair’, for example)
• HO 141 and HO 152. Choose the relevant file by date. The original documents will include further indexes and classifications

You can also search the London Gazette on The Gazette website for orders to discontinue fairs or alter their appointed days.

Owen’s New Book of Fairs lists the places and dates of markets and fairs held in the 18th and 19th centuries. The published successive editions can be difficult to find; however some are available online.

The First Report of the Royal Commission on Market Rights and Tolls (1889), Appendix XXI, reproduces Owen’s lists for 1792 and 1888.

5. Other records in The National Archives

If you are researching the history of markets and fairs, explore:

• Inquisitions ad quod damnum (C 143). From the reign of Henry III, these inquisitions often preceded royal grants to determine how they would affect existing rights. They are calendared in Lists and indexes XVII and XXII, available at The National Archives
• Investigations into alleged abuses of market rights in
  1. 1. Quo Warranto proceedings (see Placita de quo warranto, Record Commission, 1818)
     2. the central courts at Westminster, including the prerogative courts such as Star Chamber and the Court of Requests

A useful introduction to litigation records, including courts held at markets and fairs themselves, is in C Gross and H Hall, Select cases concerning the law merchant.

Some surviving records of local courts are among the Court Rolls (SC 2). You can use Lists and indexes VI at The National Archives to help identify them. Others are in the appropriate local record offices.

You may also find many incidental references in other enrolled Chancery series, in the Pipe rolls (E 372) and in State Papers Domestic, some of which have been calendared or published.

6. Further reading

Some or all of the publications below may be available to buy from The National Archives’ bookshop. Alternatively, search The National Archives’ library catalogue to see what is available to consult at Kew.

Victoria county history is useful for establishing whether a particular manor was royal demesne at a given date.

A collection of Household Ordinances and Regulations (London: Society of Antiquaries 1790) pp 53 and 150

N J Williams, Sessions of the Clerk of the Market of the Household in Middlesex (Transactions of the London & Middlesex Archaeological Society) xix pt 2, pp 1-14

W Illingworth, Placita de quo warranto (Record Commission, 1818) (Particularly for 1278-1330)

C Gross and H Hall, Select cases concerning the law merchant (Selden Society vols 23, 46 and 49)

2. Home Office registers of correspondence

In 1848, to cope with the growing diversity of subjects and the growing number of items of correspondence, the Home Office established a registry system, recording the daily receipt of letters. Correspondence dating back to 1839 was retrospectively registered. The options for searching, therefore, increase for correspondence from 1839 onwards.

The records held at The National Archives, as listed in our catalogue, are the items of correspondence selected for permanent preservation. The registers do not make this distinction and simply record all the letters received by the Home Office at the time. The registers therefore record some letters that have not survived and are not listed in our catalogue, and provide a more accurate picture of the total volume of Home Office correspondence, over time and by subject matter.

3. How to find correspondence up to c.1839 (before the registry system)

There are four main record series containing early general Home Office correspondence, HO 44, HO 42, HO 52 and HO 40. These often overlap both chronologically and in the nature of their content. Depending on the subject and dates of your research, therefore, it may be worth searching all of these series for relevant correspondence. However, the records within each of these series are described in different ways in our catalogue so search methods differ depending on the series and period.

Click on the following series references to search for document references and catalogue descriptions of correspondence in the respective series:

Search HO 44 (1773-1861):

• by keyword (some pieces are described with only a single line of text while others are catalogued in great detail)

Search HO 42 (1782-1820):

• by keyword from September 1789 to 31 December 1799 (described in detail)
• by date only after 1799 (most pieces after 1799 are described only as ‘letters and papers’ – however, the period from 1800 is currently being catalogued in detail and will be keyword searchable in the future)
• records can be downloaded from our catalogue as pdf files

Search HO 52 (1820-1850):

• for 1820-1829 by year range only (there are just five pieces for these years, all described as ‘all counties’)
• for most of 1830 and some of 1832 and 1837 by keyword (described in detail)
• for 1830-1838 by alphabetical ranges of counties (for example, Bedford to Kent)
• for 1839-1840 by alphabetical ranges of place names (for example, A-D, where a letter from Berwick upon Tweed would be filed); in the very last volume there are a small number of papers up to 1850
• records can be downloaded from our catalogue as pdf files

Search HO 40 (1812-1855) – for correspondence regarding disturbances, such as riots, strikes and political meetings (though disturbances are covered in the three series above too):

• by keyword (browse this series to view typical descriptions)
• records can be downloaded from our catalogue as pdf files

Search HO 41 (1815-1916) for Disturbance Entry Books (referencing files in HO 40):

• by date

You can also browse any of these series. For tips on whether to search or browse the catalogue, consult the Discovery help page.

4. How to find correspondence from c.1839-c.1979 (using the registry system)

For some background on the establishment of the registry system see section 3.

The two main series of Home Office correspondence for this period, for which the registers provide the key, are:

• HO 45 (1839-1979)
• HO 144 (1868-1959)

However, you do not now necessarily need to use the registers to find correspondence in these two series as most of it can be searched using keywords in our catalogue. That said, a keyword search will not always prove fruitful and even if it does you may find more information on a subject by consulting the registers. Other reasons to use the registers are:

• You may find a fuller description
• You may find a different description
• You may find references to letters (regarding people, events and so on) which do not survive

Search for correspondence from this period in any of the following ways:

4.1 Using just our catalogue

Use the advanced search page in our catalogue, search by keyword (including people, places and subject matters) and restrict your search to references HO 45 and HO 144.

Catalogue descriptions within these series vary significantly, running from a few words to several paragraphs. Finding some records with a keyword search is, therefore, harder than for others.

Use the subject lists at the front of the printed version of HO 45, only available at The National Archives at Kew, for tips on the kinds of keywords useful for searching.

There is a detailed index of subjects covered in Home Office correspondence in the PRO Guide: Part 1, section 401, also available exclusively in the reading rooms at The National Archives at Kew.

4.2 Using our catalogue and the registers

The registers of correspondence are in HO 46, covering 1841 to 1957, and consist of:

• registers of incoming correspondence
• separate registers of special subjects
• alphabetical indexes of correspondents

Use our catalogue to search or browse for a register within HO 46. Consult the register at The National Archives at Kew for a reference to a letter – this reference will take the form of a ‘paper number’.

The paper numbers in the HO 46 registers often form part of the HO 45 reference to which they refer. It is sometimes possible to find the HO 45 reference by entering the paper number in the ‘former reference’ box on the advanced search page. When this is not possible, you may need to consult the packing lists (see section 5.3).

The registry system changed many times over the years and there are therefore distinct sets of registers within HO 46 for different years, as shown below:

• 1839-1849 – HO 46/1A, HO 46/1B and HO 46/1C (these are for letters registered retrospectively once the system of registration began – they are known as OS {Old Series} papers)
• 1850-1871 (up to March 8) – HO 46/2-47
• 1871-1880 – HO 46/48-70 (all incoming papers in this period were registered in a series running from 1 to 100,000)
• 1881-1901 – HO 46/71-133 (in 1880 a new system of consecutive numbers started, with an A prefix; this was followed shortly afterwards by a series with B, V and X prefixes)
• 1902-1948 – HO 46/134-389 (the system of registration in these years was based on a six figure series starting at 100,001)
• 1949-1979 – In 1949 the Home Office ceased to use the HO 46 registry system, instead filing records in subject specific ‘Symbol Series’ (see section 5). However, ‘live’ HO 45 files continued to be updated until 1979. You can find these files by making a keyword search in our catalogue.

4.3 Using the catalogue, the registers and the packing list

Often the only way to find correspondence via the registers is to consult the packing lists. The packing lists are filed with the printed versions of HO 45 and HO 144, and are only available in the reading rooms at The National Archives at Kew. They contain references to the pieces that survive.

The table below indicates which records do and don’t require consultation of the packing list in order to access them. HO 45 and HO 144 are divided into blocks of dates, as shown, and each block has a subject arrangement within it.

For some blocks of years it is impossible to access the records without using the packing list but, in general, it is worth consulting them anyway as it provides a kind of “double check” to the search process.

Once you have a paper number, consult the table below and do one of the following (there are exceptions to these rules – try option 2 if option 1 fails):

1. Enter the paper numbers in the ‘former reference’ box on the advanced search page in our catalogue, placing an asterisk in the keywords box; the search result should provide you with an HO 45 or HO 144 reference code.

2. Find the paper number in the packing list and use both to form your HO 45 or HO 144 code

5. How to find correspondence and papers from c.1949 (after the registry system)

In 1949 a new system of filing Home Office correspondence was established, based on sets of files for each subject or function, each distinguished by letter codes, such as POL for Police files. These are known in our catalogue as Symbol Series. This system ran alongside the registry system for about a decade and then superseded it. These Symbol Series, arranged by letter codes, are in separate HO record series.

However, between 1949 and 1979 ‘live’ HO 45 files created before the change to Symbol Series continued to be updated. You can find these files by making a keyword search within HO for the subject you are interested in.

Search for Symbol Series files from the advanced search page in our catalogue, using “symbol” as your search term and searching within HO, or make a keyword search within HO for the subject you are interested in such as “police” or “lotteries” to search for symbol series files.

6. How to find other records of correspondence from c.1782

6.1 Criminal cases

Home Office files on criminal matters 1849-1871 are in HO 12. There are currently no helpful online catalogue descriptions for the records in this series, as a browse through HO 12 will show. However, there are registers of papers in HO 12 in HO 14 – you can browse through HO 14 to find registers by year.

For registers that were kept specifically for criminal cases (from 1899 onwards), search with the term “criminal cases” and by year using the HO 46 series search.

6.2 Foreign nationals in the UK and British citizenship

For the registers that were kept specifically for letters regarding foreign nationals in the UK and British citizenship, use our advanced catalogue search, restricting your search to reference HO 46 and the years you are interested in and searching using “‘Aliens” or “naturalization'” as your keywords.

6.3 Entry Books of out-going correspondence c.1782-c.1967

From its establishment the Home Office kept records of its outgoing correspondence (‘out-letters’) in ‘entry books’ or ‘letter books’. These entry books provide a useful overview of Home Office business in particular areas (especially before the registry system when incoming correspondence is kept in unsorted series). They also provide a more comprehensive account of all of the Home Office’s incoming and outgoing correspondence, as they have not been heavily weeded like the registered papers in HO 45 and HO 144.

Home Office entry books are organised into separate series by subject (for example, Disturbances Entry Books in record series HO 41, or Burials Entry Books in HO 85) and are arranged and described by date. To find entry books, use the advanced search in our catalogue to search within the HO department reference for the subject you are interested in. For example, search for ‘police’ and “entry books”.

6.4 Personal and Private Office papers of Home Secretaries

Browse by reference in HO 317 for files kept in the Private Office of Home Secretaries.

6.5 Large bundles of papers

Search HO 326 by keyword for bundles of papers which, because of their large size, have not been placed with the appropriate file in HO 45, HO 144, HO 291 or HO 287.

7. Further reading

Sir E Troup, The Home Office (Puttnams, 1925)

R R Nelson, The Home Office, 1782-1801 (N C Durham, 1969)

Sir F Newsam, The Home Office (Allen and Unwin, 1954)

2. What kinds of records are there?

Records held at The National Archives covering any given war or campaign tend to be spread throughout a number of different record series and types of documents. These varied series of documents are found chiefly within the State Papers department, for military campaigns before 1782, and the War Office department. Amongst the various types of documents that provide insight into Army campaigns are letters and other forms of correspondence, often between officials in central government and military commanders, headquarters papers as well as the private papers of military officials.

3. Published finding aids for campaign records

The major guide to military campaign records at The National Archives is the Alphabetical Guide to Certain War Office and Other Military Records Preserved in the Public Record Office (List and Index Volume 53 [LIII], Kraus Reprint Corporation, 1963). This is an index by subject, name and regiment to the State Papers and War Office records and provides document references for each entry.

Many of the State Papers have been indexed in the various Calendars of State Papers Domestic series, Charles II, James II, William and Mary, Anne (Public Record Office Calendars, 1860-1947). These indexes contain considerable detail and may sometimes preclude the need to consult the original records themselves.

4. Searching by name of war or campaign

You can search Discovery, our catalogue, using the name of a war, battle, campaign, or the country or region in which an action took place.

It will sometimes help to restrict such a search to departments WO and SP. The table below also provides some useful references for specific campaigns.

5. Searching for details of military campaigns in official correspondence

A rich source of information on military campaigns can be found in the letters to and from central government departments and the military commanders in the field. The out-letters, sent from central government, were usually written either by the monarch, the secretaries-of-state who managed military affairs or the senior officers of the Army stationed in Whitehall, namely the Commander-in-chief, the Adjutant-General or the Quartermaster-General.

The table below provides the appropriate records series to search within according to date. Though the records series listed contain information on actions and campaigns of British forces, in many cases the series is not necessarily confined to these subjects and may contain much else besides.

6. How to find records of Army strength, location and movement

The strength, composition, location and movements of units and formations of the Regular Army and, after 1855, of the whole Army, may be found in these series:

7. How to find records of Army supplies and finances

The government department responsible for supplying food to the Army was known as the Commissariat, which was run by the Treasury. Records of the Commissariat up to 1855, and the financial affairs of the Army in general, can be found in Treasury Papers T 1, T 27, T 53 and T 54, and from 1855 in T 24.

8. How to find maps and plans

Maps and plans will be found in WO 78 and WORK 43. Most are of forts, barracks and other military establishments, but they include many bearings on operations.

9. How to find records of campaigns in private papers

The private papers of high-ranking Army officers are another useful source for researchers looking for details of particular military campaigns and the British involvement in them. The table below provides the record series references for the private papers of Army officers, or the official papers they collected, which are held at The National Archives.

The records of British Army Headquarters in North America from 1775-1783 are in PRO 30/55, and include papers of the successive commanders-in-chief, Generals Thomas Gage, Sir William Howe, Sir Henry Clinton and Sir Guy Carleton.

10. Administration and hierarchy of the Army

During the 17th century and after, the commander of the Army, the principal military adviser to the Crown, took the title Captain-General or Commander-in-Chief. This position was filled only when required. The two most senior permanent officers of the Regular Army, responsible for discipline and administration, were the Adjutant-General and the Quartermaster-General. They worked from Whitehall with the Secretary-at-War, a civilian official.

Until well into the 18th century, however, discipline and the control of operations were closely controlled by the King himself. The appointments to field commands, and all orders for field operations, were made in the King’s name by one of the Secretaries of State.

Weapons and ammunition were issued by the Board of Ordnance, which was responsible through its head, the Master-General of the Ordnance, directly to the King (until 1801 Irish regiments at home were similarly supplied by the Irish Ordnance Board). Besides issuing weapons and ammunition, the Board of Ordnance was also responsible for the Corps of Artillery and Engineers, and for the Waggon Train.

In 1854-1855 the office of Secretary-at-War and the entire Board of Ordnance were abolished and the administration of all arms, and of the Commissariat, responsible for supplying the Army with food, was combined in a new department, the War Office. At the head of the War Office was the Secretary-for-War. The Commander-in-Chief was from 1870 subordinated to the Secretary-for-War, and in 1904 abolished.

11. Parliamentary records

Reports, accounts, correspondence and other papers relating to army operations may have been laid before Parliament and can be found in the House of Lords Main Papers. Search the catalogue for the name of a war, battle, campaign, or region. Searching for “American papers” brings up many papers relating to the American War of Independence.

From 1803 onwards, discussions in Parliament on army operations can be found in Hansard, which is available online on the Parliament website. Please note Hansard is a selective record before 1909. There are also some volumes missing from the online data.

Our research guide to Hansard details different ways of accessing the reports and records of Parliamentary debates.

Other relevant records may be found in published Parliamentary papers. You can access these online via Proquest UK Parliamentary Papers. This is a subscription website you can access on The National Archives’ computers by visiting us at Kew. You may also be able to access it via a large reference library such as a university library.

12. Records in other archives

To find records in other archives, search our catalogue and refine your results using the filters. Alternatively you can find contact details for archives elsewhere using Find an archive.

Significant collections are held at:

• National Army Museum
• Regimental museums – listed on the Army Museums Ogilby Trust website
• British Library – for operations in India

13. Further reading

All of the publications listed below are available in The National Archives’ library. Some may be available to buy from The National Archives’ shop.

An Alphabetical Guide to Certain War Office and Other Military Records Preserved in the Public Record Office (List and Index Society Volume 53 [LIII], Kraus Reprint Corporation, 1963)

Roger B Manning, Apprenticeship in Arms: The Origins of the British Army 1585-1702 (Oxford University Press, 2006)

M Roper, Records of the War Office and Related Departments, 1660-1964 (PRO, 1998)

2. What were assize courts?

Assize courts were based in the main county towns in England and Wales but cases were only heard at the courts twice yearly, and in the 20th century three or four times yearly, when judges from the higher courts in London visited and presided over cases.

Often known simply as ‘the assizes’, the courts heard both civil and criminal cases. Civil cases could include disputes over:

• Land
• Money or debt
• Personal injury
• Negligence
• Libel

From the early 20th century the assizes also handled divorce cases, which had previously been the sole preserve of the central courts in London.

2.1 The timetable

Until the 20th century there were typically just two sittings a year for each assize court, defined as Summer and Lent. Usually the Lent sessions would take place in March or April and the Summer sessions in July or August but there was some flexibility. In the late 19th and 20th century the number of sittings increased to three or four a year in the following order: Winter, Spring, Summer and Autumn.

2.2 Circuits

England and Wales were divided into judicial circuits, each circuit making up the areas covered by a set of visiting judges. Up until 1876 there were six circuits whose composition changed from time to time. These circuits were:

• The Home Circuit
• The Oxford Circuit
• The Midland Circuit
• The Western Circuit
• The Norfolk Circuit
• The Northern Circuit

In 1876 a seventh circuit, the North Eastern, was added.

3. Types of records and what they contain

A minute book covering Western Circuit civil trials that took place between 1962 and 1971 (catalogue reference ASSI 22/61).

Assize courts produced over twenty different types of records. They include:

Minute books

Minute books are the primary records for a trial. The assize clerks recorded brief details of a trial in minute books, including names of parties, type of case and judgment order. They also give any judgment orders given on appeal.

Pleadings

These records set out the details of the claim made by the plaintiff and the response or defence from the defendant. They can also include the judgment order.

Judgment orders

Judgment orders in cases – in other words what the outcome of the case was and what the consequences were for the parties involved – are found either in minute books or on a part of the record known as posteas. Posteas were forwarded to the central courts in London and give brief details of the case as well as its outcome. Posteas do not always survive.

A clip from a minute book showing a judgment order for a trial in 1970 (catalogue reference: ASSI 22/61).

Posteas, which were usually very brief, are only of value if there are gaps in the surviving records of other types – then it may be the only surviving record.

Cause books

Cause in the context of a civil trial refers to the ’cause of action’, in other words the legal basis on which a claimant is suing. A cause of action might be, for example, breach of contract, or fraud.

Cause books and postea books generally record the names of the parties to the cause (that is, the claimants, also referred to as plaintiffs), the names of their legal representatives, the nature of the cause, the verdict, and the amounts of any damages and costs awarded.

Correspondence

This was correspondence of the assize clerks, mostly administrative and concerned with the running of the courts.

Financial records

These records provide details of court fees, meaning the cost of bringing a case to trial, as well as other costs. The person or institution bringing the case to trial pays the fees but these costs, known as Bills of Costs, or a proportion of them, usually end up being paid by the losing side, dependent on whatever the judge orders. that lawyers submit after a case and are assessed by the court.

4. How to search for records

Before you begin you will need to have at least a rough idea of when the trial took place (a range of around ten years but ideally an exact year) and the county or at least the circuit it took place in for a realistic chance of finding any records.

4.1 Searching in the assize court records

The tables in the following sections of this guide provide National Archives record series references for the different types of records that exist for civil trials. There is usually one series for minute books and several others covering all the other record types, whether pleadings, judgment orders, correspondence, financial records or any others.

There are several ways that you can conduct a search:

1. Click on the series references in the tables below and search using record types as keywords, such as pleadings, along with dates.
2. Click on the series references in the tables below and search by date only, thus ensuring no record is missed.
3. Use the advanced search option in our catalogueto search across all assize records (using department code ASSI) by year and/or record type.

For more information on whether to browse or search, see our Discovery help pages.

4.2 Searching in the records of other courts (for details of assize court cases)

Although only of value if there are gaps in the surviving assize records, it may prove necessary to try searching within the records of other courts to which details of assize court trials were forwarded or returned (in some cases it may be the only surviving record). Posteas were forwarded to the central courts in London and contain brief details of the case as well as its outcome.

Use the advanced search to search by year, using ‘postea’ as your keyword and one or more of the department codes below, to search in the following National Archives departments:

• Court of King’s Bench (departments code KB)
• Court of Common Pleas (departments code CP)
• Exchequer (departments code E)
• Palatinate of Durham (department code DURH)
• Palatinate of Lancaster (department code PL)

From 1876 all civil cases heard by the assize judges were held at district registries of the High Court. For pleadings in assize cases from 1876 it is therefore also worth searching in J 54, which covers pleadings in several types of court including district registries of the High Court, by initial letter of the plaintiff’s surname in the advanced catalogue search. For more detail see the advice on pleadings in our guide to Chancery cases in the Supreme Court after 1875.

5. Key to records of civil cases in the English assizes 1656-1971

Click on the series references in the table below to search for records within each respective series using the instructions in section 4.

6. Key to records of civil cases in the Welsh assizes 1843-1970

Click on the series references in the table below to search for records within each respective series using the instructions in section 4.

2. What was the Court of Wards and Liveries?

In 1540 the office of Master of the King’s Wards was replaced by the Court of Wards, which assumed complete control of wards and the administration of their lands. The office of Surveyor of the King’s Liveries (1514 to 1542) was joined to the Court of Wards in 1542, becoming the King’s Court of Wards and Liveries. The court was abolished in 1645, but continued to operate through the 1650s until existing wards came of age.

The right of wardship and livery meant that the crown took on responsibility for young orphaned heirs where their father had been a Tenant in chief of the Crown (many people gained this status after they bought ex-monastic land from the Crown). This included having rights over the deceased’s estate where the heir to the estate was under age (21 for a boy, 14 for a girl). The court administered the estate and made arrangements for the care and marriage of the young heirs.

The Crown had the right to the income generated by the majority of the estate until the heir reached adulthood. However, any surviving widow retained the right to some of the land – usually a third. Wardships were usually sold by the crown to the next of kin or the highest bidder, or given to individuals as a reward for services.

3. How to use this guide and find records

A search for documents at The National Archives usually begins in our online catalogue. Our records are grouped by ‘departments’, each with its own unique catalogue reference (a letter code). Each department is made up of multiple record series, all with their own unique references based on the department reference. The department reference for the Court of Wards and Liveries is WARD. The following sections of this guide provide links to the key record series within the WARD department, helping you to target your catalogue searches more precisely. The most useful record series is WARD 9 which contains a wide variety of documents covering all areas of the business of the court.

By clicking on the series links (such as WARD 9) you will arrive on the respective ‘series description’ pages from where you can search the series. However, you cannot search these series using the names of the people involved in a case. Instead, depending on the series, you will need to search using one of the following two methods:

1. A keyword search of the series. Use the series search box and search using keywords in the legal process or which describe document types. For example, ‘inquisition post mortem’ or ‘feodaries’ surveys’.
2. Browse the series. From the series description page, click on ‘browse from here by reference’ to look through a list of all the pieces in each respective record series to identify an individual piece by regnal year or regnal year range.

An understanding of the court process and the records that were created for each stage in the process will help you to identify the appropriate record series. Use the following sections of this guide to identify the series associated with each stage. The stages, following the death of a tenant in chief who had no adult heir, were as follows:

• writ of clausit extremum issued (a record of the death of a tenant in chief – see section 5)
• inquisition post-mortem carried out by escheator with feodary attending (see sections 6 and 7)
• wardship could be sold (see section 8)
• ward/heir comes of age and ‘sues out his livery’ (see section 9)

Wardship often attracted litigation and there are records for this too (see section 10).

Tracing a single ‘case’ dealt with by the court from beginning to end is difficult because the records for a case are split into different series according to each stage of the process, as described, but also because not all documents have survived.

4. How to view records

By following the advice above on how to find a record you will be able to establish specific document references (for example, WARD 9/565). You will need the document reference to see the record itself. The records covered in this guide are not available to view online so to see them you will have to either visit us in Kew or order copies.

Unfortunately, many useful documents are in a poor condition. Some may not be consulted at all while others you can only view under supervision at specific times.

The affected documents are in:

• WARD 1: decrees, orders, affidavits
• WARD 3: depositions
• WARD 4: extents
• WARD 10: miscellaneous
• WARD 11: miscellaneous
• WARD 12: particulars for, and drafts of leases
• WARD 15: supplementary pleadings

5. Records of the death of a tenant in chief

5.1 What was the process?

A writ of ‘diem clausit extremum or mandamus’ (‘he has closed his last day’) was issued by Chancery to the escheators of the counties where the tenant in chief had held land.

5.2 Series for these records

Consult WARD 9, which contains docket books of some of these writs, in our catalogue and ‘browse by reference’ or by date.

6. Records of inquisitions post-mortem

6.1 What was the legal process?

On the death of every tenant-in-chief, the escheator of the relevant county made an inquisition post mortem report to chancery which identified:

• the size and location of the holdings
• the rents and services due
• the name and age of the deceased
• the name and age of his heir

This information was needed to assess what benefits, such as rents or wardships, might be due to the Crown.

A copy was sent to the Exchequer, and after 1540 to the Court of Wards and Liveries as well.

6.2 Series for these records

Search in WARD 7 by name of deceased for copies of reports. There might also be a copy in Chancery and Exchequer. See the research guide on Inquisitions post-mortem for more information on these records.

7. Feoderies’ surveys

7.1 What was the legal process?

The court’s local representative, the feodary, had to attend every inquisition to prevent fraud. In time he conducted his own survey of the lands, which usually gave a higher value than the jury gave. Feodaries’ surveys provide a useful means of reference if no inquisition post mortem survives.

7.2 Series for these records

Click on the record series links below and ‘browse by reference’ for:

• extents in WARD 4
• feodaries surveys in WARD 5
• receiver generals’, feodaries’ and ministers’ accounts in WARD 8
• miscellaneous books in WARD 9

8. Records of sales of wardships and marriages

8.1 What was the legal process?

People wishing to buy a wardship or to lease some of the lands, put in a petition to the Master of the Wards. If a petition was granted, an indenture was drawn up, between the court and the petitioner, and a fine (sum of money) for the wardship was agreed. The grantee’s name, the fine, and the terms of its payment were entered on a schedule.

8.2 Series for these records

Browse the records series listed below for the following document types:

• Petitions from people wishing to buy a wardship or lease some of the land and indentures resulting from these petitions in WARD 9 and WARD 1
• Counterparts of indentures of wardship and lease in WARD 6
• Grants of wardship and marriage in C 66

9. Records created when an heir came of age

9.1 What was the legal process?

When an heir came of age (at 21 for a boy and 14 for a girl), they were released from wardship. Like all heirs – whether or not they had been wards – they could not receive their inheritance until they had ‘sued out their livery’.

Prominent men of the local area were asked to certify that an heir had reached the appropriate age. The heir then had to pay a sum of money to the crown in exchange for the powers attached to his title and freedom from dependence as a ward. Eventually a warrant was issued for the livery to pass under the Great Seal.

The king would then issue a writ to the custodian of the land requiring it to be released to the heir.

9.2 Series for these records

For:

• information regarding livery in the entry books of livery and in letters patent browse through WARD 9
• grants of livery entered on the patent rolls search in C 66 – use contemporary finding aids, indexed by name, available in our reading rooms in Kew
• writs try the escheators accounts in WARD 7 but these records are scattered in wider, un-indexed collections and are trickier to track down; draft writs are sometimes found in C 81 and C 82
• warrants look in C 82 but there is no index to them

10. Records of litigation

Wardship often led to litigation, usually because the ward’s lands were retained, sold, leased or ‘wasted’ illegally. The table below shows the key steps in litigation and the record series to search for relevant files.

The Court of Wards and Liveries had its own jurisdiction, based on an English bill procedure like that of Chancery and a ward could only sue or be sued in this court. To understand more about the Chancery courts, see the guidance on Chancery equity suits before 1558 and after 1558.

Click on the following series references to search for records within each respective series using keywords and dates. Try:

• using legal terms such as ‘deposition’
• specifying dates where appropriate but note that a date search will not pick up records that are listed by regnal year

Alternatively, browse by reference through the record series.

11. Accounts of revenues and expenditure from lands in ward

The revenue raised through wardship and the leasing of lands had to be accounted for. Accounts submitted to the court are of the medieval and early modern ‘charge and discharge’ type where revenue receipts are followed by payments made out of those receipts.

Find accounts by browsing through the following records:

• receiver generals’, feodaries’ and ministers’ accounts in WARD 8
• miscellaneous books in WARD 9
• miscellaneous documents in WARD 10
• miscellaneous records in bundles in WARD 11

12. Further reading

• H E Bell, An Introduction to the History and Records of the Court of Wards and Liveries (Cambridge, 1953)
• J Hurstfield, The Queen’s Wards (London, 1958)
• Richardson, W C, Tudor Chamber Administration 1485-1547 (Baton Rouge Louisiana, 1952)