Six Clerks In Chancery
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The Six Clerks' Office was a public legal office that served the
equitable jurisdiction Equity is a particular body of law that was developed in the English Court of Chancery. Its general purpose is to provide a remedy for situations where the law is not flexible enough for the usual court system to deliver a fair resolution to a cas ...
of the
English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...
Court of Chancery The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the Common law#History, common law. The Chancery had jurisdiction over ...
in
London London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...
, England, until the mid-19th century.


The Office

The Office was in
Chancery Lane Chancery Lane is a one-way street situated in the ward of Farringdon Without in the City of London. It has formed the western boundary of the City since 1994, having previously been divided between the City of Westminster and the London Boroug ...
, near the
Holborn Holborn ( or ) is a district in central London, which covers the south-eastern part of the London Borough of Camden and a part ( St Andrew Holborn Below the Bars) of the Ward of Farringdon Without in the City of London. The area has its roots ...
end. The business of the office was to enrol commissions,
pardon A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the ju ...
s,
patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A p ...
s,
warrants Warrant may refer to: * Warrant (law), a form of specific authorization ** Arrest warrant, authorizing the arrest and detention of an individual ** Search warrant, a court order issued that authorizes law enforcement to conduct a search for eviden ...
, ''etc.'', that had passed the Great Seal in addition to other business in Chancery. In the early history of the Court of Chancery, the Six Clerks and their under-clerks appear to have acted as the attorneys of the
suitor Courtship is the period wherein some couples get to know each other prior to a possible marriage. Courtship traditionally may begin after a betrothal and may conclude with the celebration of marriage. A courtship may be an informal and private m ...
s. As business increased, these under-clerks became a distinct body, and were recognized by the court under the denomination of sworn clerks, or clerks in court. The advance of commerce, with its consequent accession of wealth, so multiplied the subjects requiring the judgment of a Court of Equity, that the limits of a public office were found wholly inadequate to supply a sufficient number of officers to conduct the business of the suitors. Hence originated the "
Solicitor A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...
s of the Court of Chancery". The Office also facilitated Chancery claims by litigants ''
in forma pauperis ''In forma pauperis'' (; IFP or i.f.p.) is a Latin legal term meaning "in the character or manner of a pauper". It refers to the ability of an indigent person to proceed in court without payment of the usual fees associated with a lawsuit or appea ...
'' (impoverished), including children and those suffering from
mental illness A mental disorder, also referred to as a mental illness or psychiatric disorder, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning. Such features may be persistent, relapsing and remitti ...
. The "Six Clerks" were abolished by the
Court of Chancery Act 1842 A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordanc ...
following the reforming work of
Edwin Wilkins Field Edwin Wilkins Field (12 October 1804 – 30 July 1871) was a British lawyer and painter who committed much of his life to law reform. Early life Edwin, a descendant of Oliver Cromwell through his grandmother, was the eldest of thirteen children ...
5 & 6 Vict. c. 103 and
Thomas Pemberton Thomas Pemberton Leigh, 1st Baron Kingsdown PC, KC (11 February 17937 October 1867), was a British barrister, judge and politician. Originally a successful equity lawyer, he then entered politics and sat as an MP from 1831 to 1832 and from 1835 ...
.


References


Bibliography

* * * Smith, J. S. (1834) ''A Treatise on the Practice of the Court of Chancery, with an appendix of forms and precedents of costs, adapted to the last new orders'', 3rd ed. ''p.''62 *


External links

*{{ cite web , url=http://www.nationalarchives.gov.uk/aboutapps/equity/default.htm , title=Equity pleadings database , publisher=
The National Archives National archives are central archives maintained by countries. This article contains a list of national archives. Among its more important tasks are to ensure the accessibility and preservation of the information produced by governments, both ...
, accessdate=2008-12-15 Civil procedure Equity (law) Legal history of England 1842 disestablishments in England English legal professionals English civil law Law clerks