
                   ***********************************
                          PUBLIC RECORD OFFICE 
                   RECORDS INFORMATION Leaflet No: 112
                   ***********************************

  [Note: this and all other PRO Records Information leaflets are (c)
  Crown Copyright, but may be freely reproduced except for sale or
  advertising purposes.  Copies should always include this Copyright
  notice -- please respect this.]   (C) Crown Copyright, August 1990

------------------------------ start of text ------------------------------

     RECORDS OF ATTORNEYS AND SOLICITORS IN THE PUBLIC RECORD OFFICE


[[INTRODUCTION]]

Attorneys and solicitors were the representatives of private parties
involved in litigation. They were often officers of the courts who carried
on the formal side of litigation on behalf of their clients but, unlike
barristers, did not plead for them in court. Records relating to attorneys
can be found among those of the court in which they were admitted to
practice. The surviving court records of the profession which may be found
in the Public Record Office comprise:-

1)    [[Rolls of Attorneys]]

The Attorneys and Solicitors Act of 1728 (2 Geo. 2, c.23) provided that
attorneys and solicitors should serve five years as clerks under articles,
that they should take the oath prescribed and that their names should be
entered on a roll. These rolls or books of attorneys are usually arranged
alphabetically and in chronological order of admission.

2)    [[Affidavits of Due Executian of Articles of Clerkship]]

From 1749 a further Act (22 Geo. 2, c.46) required that an affidavit
attesting due execution of articles should be filed with the court within
three months of admission. The registers of these affidavits will show to
whom the attorney or solicitor was articled. These registers are mostly
indexed. The affidavits themselves, or the articles, if they survive will
also show the name of the parent or guardian, if any, who arranged the
Articles.

3)    [[Certificate Books]]

From 1785 an annual certificate of admission was required before an
attorney or solicitor could practise. Books of such certificates occur
among court records. From 1790 the printed Law Lists were based on these
certificate books.

4)    [[Records of Provincial Attorneys]]

The records described above refer to the officers of the central courts.
After 1830 attorneys practising in the Courts of Sessions and the Great
Sessions in Chester and Wales were allowed to enrol in the Westminster
courts. From 1843 the Solicitors Act (6 & 7 Vic., c.73, s.45) allowed
attorneys and solicitors working in the Courts of the Duchy or Palatinate
of Lancaster and the Palatinate of Durham a similar opportunity of
enrolling at Westminster. From 1838 attorneys were unable to practice in
a court other than the one in which they were enrolled unless they first
signed a roll of the court concerned.

Apart from the court records outlined above and held at the PRO, the Law
Society has records of the Registrar of Attorneys and Solicitors, set up
in 1843. These include lists of admissions from 1845 with additional lists
of admissions from about 1790 for most courts and some Registers Of
Articles Of Clerkship from about 1860. These are kept at the Law Society,
Ipsley Court, Redditch, Hereford and Worcester.

[[STARTING A SEARCH]]

It is best to start where possible with the printed Law Lists. The main
deficiencies in the Law Lists are that those between 1775 and 1789 are
known to contain names of persons never actually admitted to a court; and
until 1861 they do not give the date of admission. Moreover the List for
each year from 1790 only gives the names of those attorneys and solicitors
who had taken out their annual certificates to practise and omits those not
practising that year. Lists of attorneys and solicitors admitted in 1729
and 1730 were printed for Parliament.  There is a copy in the Round Room
at Chancery Lane.

Fuller records of an attorney or solicitor are included with those of the
court to which he was admitted. For those admitted before 1750, readers
should start with the admissions to the court of Common Pleas since
admissions to that court exceeded those to any other during the first half
of the eighteenth century. After 1750, on the other hand, it is best to
look first at admissions to the court of the King's Bench.

1)    [[Records of Attorneys admitted to the central courts]]

[[Court of Common Pleas]]

<<Registers of Articles of Clerkship>>

An article of clerkship was the agreement binding a clerk to an attorney
or solicitor which allowed him, after five years, to enter the profession
in his own right. The registers are arranged in chronological order of
filing with the court and no complete alphabetical index exists. In
addition to the names of the clerks, the masters, and the persons proving
the execution of the articles there are marginal notes which indicate the
courts to which admission was finally made. This information is gained from
the following index volumes:

            IND   1/4596      1758 - 1784
            IND   1/4597      1785 - 1867

Where the court of admission is given as Common Pleas the articles will be
found in the class CP 5.


<<Admission Papers 1729 - 1838 (CP 5)>>

These may include articles of clerkship, affidavits of due execution of
articles, affidavits of payment of stamp duty and fiats for admission. In
case of persons admitted in other courts who were seeking further admission
to the Common Pleas, only affidavits of due payment of stamp duty or
evidence of admissions in other courts may be found. These records contain
papers of attorneys who did not complete their service under articles.
Furthermore, not everyone admitted to the Common Pleas is recorded. The
admission books described below are a more satisfactory record.


<<Admission Books 1724 - 1853>>

These are arranged alphabetically in two series running from 1729 to 1853.
The first series contains the addresses and exact dates of admission of
attorneys enrolled. The second series contains the same lists of admissions
but gives only the county and year.

Series  1:  IND   1/4599      1729  -  1751
            IND   1/4600      1752  -  1775
            IND   1/4601      1776  -  1814
            IND   1/4602      1815  -  1848

Series 2:   IND   1/4604      1740 - 1819
            IND   1/4605      1820 - 1853


<<Supplementary Admission Registers>>

These have the following references:

            IND   1/4603      1656 - 1761  (incomplete)
            IND   1/4608      1830 - 1844  (contains names of Welsh
                                                attornies)


<<Admission Rolls 1838 - 1860 (CP 8)>>

These include the signatures of attorneys already entered in the volumes
above, arranged alphabetically.


<<Rolls of Attorneys 1730 - 1750 (CP 11)>>

These are lists of various dates between 1730 and 1750 showing,
alphabetically, the names and addresses of attorneys practising in the
Common Pleas. The earlier lists in particular contain names not available
elsewhere.


<<Oath Rolls 1779 - 1847 (CP 10)>>

There are 31 rolls comprising a general series, 1789 to 1843; Roman
Catholics, 1790 to 1836; Quakers, 1835 to 1842 and 'Qualifications'
(subscriptions to the Test Act and the Act of Settlement in addition to the
usual oaths, 1779 to 1847).  The rolls record signatures, arranged by legal
term and year.


[[Court of King's Bench]]

Admission papers between 1838 and 1875 including articles of clerkship have
not survived. For specimen preservations of these records, see the section
headed 'Other Sources'. The affidavits described below are the main source
of information.


<<Affidavits of Due Execution of Articles (KB 105 - KB 107)>>

On completion or execution of articles for the King's Bean affidavit was
filed with the Court and given a serial number. There are eight successive
series of these affidavits.  The first started in 1749, a second in 1817
and a third in 1834.  Further series began in 1846, 1856, 1862, 1871, 1874
and 1875. Up to about 1840 they can be obtained by reference to the
appropriate Indexes and Registers. The Indexes are arranged alphabetically
by the year of execution and give the name of the clerk, the attorney to
whom he was articled and a serial number. The registers are arranged
chronologically in serial number order. Next consult the class lists for
KB 105 to KB 107 as appropriate, using the serial number. The registers
give sufficient details to identify the clerk.

Between 1840 and 1849 the affidavits are filed not according to the date
of execution but according to the date of admission and are usually
accompanied by affidavits attesting payment of stamp duty and by the
judge's fiat for admission. For these years, affidavits of admitted
attorneys can only be traced by finding the date of admission from such
admission papers as survive with the Law Society and looking at the
appropriate bundle of affidavits for that year. From 1849 there is a
further change in the method of filing. From then until 1873 affidavits are
filed according to the date of execution. Affidavits of persons admitted
between those dates have not survived.


<<Indexes to Registers>>

            IND   1/4577      1749 - 1784
            IND   1/4578      1787 - 1806
            IND   1/4579      1806 -       1818
            IND   1/4580      1818 - 1824
            IND   1/4581      1824 - 1831
            IND   1/4582      1831 - 1845
            (missing)         1845 - 1860
            IND   1/29734     1860   - 1866
            IND   1/29735     1867 - 1875
            IND   1/29736     1874 - 1876, July


<<Register of Affidavits of Due Execution of Articles>>

            IND   1/4568      1749 - 1784
            IND   1/4569      1785 - 1802
            IND   1/4570      1802 - 1814
            IND   1/4571      1814 - 1822
            IND   1/4572      1822 - 1829
            IND   1/4573      1829 - 1837
            IND   1/29722     1837 - 1845
            IND   1/29723     1846 - 1854
            IND   1/29724     1854 - 1862
            IND   1/29725     1862 - 1868
            IND   1/29726     1868 - 1871
            IND   1/29727     1871 - 1873
            IND   1/29728     1874 - 1877


<<Affidavits of Due Execution Articles>>

Series 1, nos 1 to 3000, filed 1749 to 1775 are missing.  Nos 3001 to 
20,000, filed 1775 to 1817 are in KB 105.

For series 2, nos 1 to 15,000, filed 1817 to 1834 see  KB 106.  Note that 
some affidavits from this series have been placed with other admission
papers in KB 107.

Series 3, nos 1 to 7079 and subsequent series filed from 1837 up to 1875
are, in so far as they survive, in KB 107.


<<Rolls of Attorneys>>

The rolls of attorneys are divided into what are termed 'Private' 'Public',
and 'Abstract' rolls. The 'private' rolls contain the names of admitted
attorneys arranged in order of date of admission under the first letter of
their surnames, the addresses of the attorneys are also given and the name
of the examiner. 'Public' and 'Abstract' rolls are similar to each other
and do not contain the full addresses. In addition a 'Wales Roll' lists
attorneys practising in the Court of Sessions and Great Sessions in Chester
or Wales who were also enrolled at Westminster.

<Private Rolls>

            IND   1/4583      1729 - 1788
            IND   1/4584      1789 - 1803
            IND   1/4585      1803 - 1821
            IND   1/4586      1821 - 1832
            IND   1/4587      1832 - 1842
            IND   1/29714     1843 - 1851
            IND   1/29715     1851 - 1861
            IND   1/29716     1862 - 1869
            IND   1/29717     1870 - 1875

<Public Rolls>

            IND   1/4588      1790 - 1810
            IND   1/4589      1810 - 1838, Trin
            IND   1/4591      1838, Mich to 1849, Hilary
            IND   1/4592      1849, Easter to 1862, Easter
            IND   1/29737     1862, Trin to 1873, Mich
            IND   1/29738     1874, Hil to 1875, Trin

<Abstract Rolls>

            IND   1/4590      1729 - 1814

<Wales Roll>

            IND   1/4592 (1)


[[Court of Exchequer]]

a)    Exchequer of Pleas

This was the common law side of the court. Until 1832 only the officers of
the court itself were permitted to practise as its attorneys. Surviving
admission records do not start until this monopoly was broken.

Records are notionally in class E 4 and you should consult the class list
for E 4 first of all. However they must be ordered as index volumes in the
following way:


<<Registers of Affidavits of Due Execution of Articles>>

            IND   1/18671     (E 4/3)     1833 - 1855


<<Rolls of Attorneys>>

            IND   1/4611      (E 4/1)     1830 - 1836
            IND   1/29719     (E 4/4)     1836 - 1846
            IND   1/29720     (E 4/5)     1846 - 1861
            IND   1/29721     (E 4/6)     1861 - 1875
            IND   1/4612      (E 4/2)     1830 - 1837 and 1844

The above are arranged alphabetically in date of admission order. The
following rolls of attorneys admitted in other courts who sought to
practise in the Exchequer are in order of signing:

            E  3/6            1838  -  1839
            E  3/7            1840  -  1843
            E  3/8            1843  -  1849
            E  3/9            1853  -  1858
            E  3/10           1858  -  1872


<<Oath Rolls>>

            E  3/1 - 5;       1830  -  1842


b)    Queen's Remembrancer

This was the equity side of the court exercising a jurisdiction similar to
that of the Chancery Court.


<<Entry book of annual licences>>

            E 108             1785 - 1825

This is a Book of entries of annual licences taken out by clerks of the
court and solicitors practising in the court of Exchequer as a result of
the 1729 Act.


<<Oath Roll>>

            E 200/1           1772 - 1841

This is a roll of the names of solicitors admitted.

            E 200/2

The roll records signatures of Roman Catholic solicitors.


<<Attorneys' Certificate Book>>

            E 109/1           1729  -  1730
            E 109/2           1794  -  1841


<<Certificates of admission>>

            E 109/3


[[Court of Chancery]]

Various affidavits of due execution of articles of clerkship, certificates
of admission and other minor admission papers have survived in class C 216.

With the formation of the Supreme Court, embracing King's Bench, Common
Pleas, Exchequer of Pleas and Chancery, the Petty Bag Office series of
solicitors rolls became the main admission record for solicitors (the title
of attorney was abolished).

Petty Bag Office Solicitors Rolls

            C  216/21         1859 - 1875
            C  216/22         1729 - 1791
            C  216/23         1791 - 1823
            C  216/24         1824 - 1836
            C  216/25         1836 - 1858

The last four of these volumes are currently on loan to the librarian of
the Law Society. There are also two volumes in another series of admission
registers which give only the year and not the exact date of admission.

            IND   1/4613      1800 - 1842
            IND   1/4614      1842 - 1851

Both the above series are arranged alphabetically.


<<Index to Affidavits of Due Execution of Articles>>

            IND   1/29728     1874, Nov - 1877, Nov
            IND   1/29729     1877, Nov - 1878, Dec
            IND   1/29730     1879, Jan - 1881, Feb
            IND   1/29731     1881, Mar - 1883, July
            IND   1/29732     1883, Aug - 1886, Apr
            IND   1/29733     1886, May - 1889, Jan


<<Index to Registers>>

            IND   1/29736     1874 - 1876, July


<<Indexes to Articles of Clerkship>>

            IND   1/29712     1875, Nov - 1885
            IND   1/29713     1885 - 1889

The admission papers to which all the above indexes refer no longer
survive.


<<Oath Rolls of Roman Catholic Solicitors>>

            C 217/180/5       1791 - 1813
            C 214/23/1        1838 - 1867


[[Court of Bankruptcy]]

<<Admission Roll>>

            B 2/8             1832 - 1883


<<Registers of attorneys and solicitors: Town (ie. London)>>

            B 2/9             1832 - 1883


<<Registers of attorneys and solicitors: Country (ie excluding London)>>

            B 2/10            1832 - 1883
            B 2/11            1859 - 1883

Please note that, the roll is chronological; the registers are
alphabetical.


[[High Court of Admiralty]]

<<Miscellanea (HCA 30)>>

These include papers relating to the admission of proctors.


<<Appointments: Admiralty Muniment Books (HCA 50)>>

These include warrants relating to the appointment of proctors.


[[Records of attorneys previously admitted in other courts]]

            IND   1/4592 (3)  1843 - 1867


<<Oath Rolls>>

            KB 113            1750 - 1874


<<Residence Books>>

            IND   1/4593      1790  -  1815
            IND   1/4594      1815  -  1829


<<Applications for Certificates>>

            J 89/6            1875 - 1889

(formerly in J 10)


<<Certificate Books>>

            J 89/23           1786 - 1843

(formerly in CP 9)


2)    [[Records of other courts]]

[[The Palatinate of Lancaster]]

<<Affidavits of Due Execution of Articles>>

            PL 23/1           1749 - 1785
            PL 23/2           1785 - 1814


<<Registers of Affidavits of Due Execution of Articles>>

            PL 23/3           1749  -  1781
            PL 23/4           1781  -  1823


<<Rolls of Attorneys>>

            PL 23/6           1730  -  1785

This is an alphabetical volume containing the names and towns of residence
of attorneys admitted.


<<Oath Roll>>

            PL 23/7/1         1730 - 1793


<<Register of Certificate to Practise>>

            PL 23/5           1785 - 1871


<<Minutes of Attorneys' Assize Dinners>>

            PL 23/7/2         1790 - 1805


[[Attorneys in the Palatinate of Durham]]

<<Affidavits of Due Execution of Articles of Clerkship>>

            DURH  9/1         1750 - 1769
            DURH  9/2         1768 - 1794
            DURH  9/3         1794 - 1834


<<Admission Rolls>>

            DURH  3/218       1660 - 1723
            DURH  3/217       1730 - 1803


<<Oath Roll>>

            DURH  3/217       1730 - 1843


<<Register of Certificates to Practise>>

            IND   1/10152     1785 - 1842


[[Attorneys in the Palatinate of Chester]]

<<Affidavits of Due Execution of Articles of Clerkship>>

            CHES 36/1         1728 - 1830


<<Registers of Affidavits of Due Execution>>

            CHES 36/2         1749 - 1792

<<Admission Roll of Attorneys>>

            CHES 35/3/1       1697 - 1728
            CHES 36/3/7       1777 - 1806

(Chester  court  of  Exchequer)


<<Oath Rolls>>

            CHES  36/3/2      1729 - 1754
            CHES  36/3/3      1787 - 1793
            CHES  36/3/4      1794 - 1800
            CHES  36/3/5      1783 - 1821
            CHES  36/3/6      1821 - 1830
            CHES  36/3/8      1750 - 1787  (Chester court of Exchequer)
            CHES  36/3/9      1787 - 1806  (Chester court of Exchequer)
            CHES  36/3/10     (not dated)


[[Other Sources]]

Articles of clerkship were subject to a stamp duty. The payment of the duty
is commonly recorded with the payment of the duty on indentures in the
Apprenticeship Books (IR 1).  The books and their indexes (IR 17) run from
1710 to 1811 and include masters' names and addresses, clerks' names, the
date of the articles and, up to 1752, the names of parents or guardians.
These records are described in greater detail in Information Leaflet 44.
[[These apprenticeship records may be seen only at the PRO, Kew; all other
records cited above may be seen only at the PRO Chancery Lane]].
On the recommendation of the Report of the Committee on Modern Legal
Records published in 1966 some documents were preserved as specimens only.

They include:

<<Admission Papers: Articles of Clerkship>>

            J 89/4            1838 - 1904

(formerly in KB 104 and J 8)


<<Affidavits of Due Execution of Clerkship>>

            J 89/5            1875 - 1903

(formerly in J 9)


<<Attorney's Certificate Books of Residence>>

            J 89/7            1785 - 1843

(formerly in KB 112)


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