Table of words and phrases to help identify original cause papers
Until 25 March 1733, the language of record in the Archdeaconry court was Latin. Most cause papers are in Latin until this date. 'Cause papers' covers a wide range of different types of document. This table provides a physical description and some key phrases found in each of the documents in the Archdeaconry of Nottingham cause papers.
Libel
The preliminary paper in Instance causes, setting out the case of the plaintiff, with all the relevant facts 'propounded' in clear numbered paragraphs.
Physical description
Foolscap paper. Heading paragraph, giving the name of the Official, and the names of two parties. Followed by a series of numbered paragraphs. Not dated
Key phrases (Latin)
Begins 'In dei nomine Amen'.
Heading paragraph includes words similar to: 'Pars probi et discreti viri/probe et honeste femine AB contra et adversus CD'.
Heading paragraph concludes: '…querele et vobis in hac parte querelando dicit allegat et in hiis scriptis in iure proponit coniunctim devisim et articulatim pro ut sequitur…'
Key phrases (English)
Begins 'In the Name of God Amen'.
Heading paragraph includes words similar to 'On the part of the honest woman AB against CD'.
Heading paragraph concludes: '…by way of complaint and hereby complaining to you in this behalf does say alledge and in Law propound articulately as follows, That is to say …'
Articles
In Office or promoted Office causes, this is the preliminary paper setting out the case of the Official or promotor, with all the relevant facts 'propounded' in clear numbered paragraphs.
Physical description
Foolscap paper. Heading paragraph, giving the name of the Official, the name of the defendant, and sometimes the name of a promotor. Followed by a series of numbered paragraphs. Not dated
Key phrases (Latin)
Begins 'In dei nomine Amen'.
Heading paragraph gives name of Official, name and parish of offender and offence (addressed as 'tuum' = you), and sometimes the name of the person promoting the cause: 'ad promocionem XY'.
May include the words 'meram animarum urarum salutem morumque et excessum urorum reformacionem concernem …' or a similar phrase.
Concludes with varying words, normally 'Fieri et Dari ac obijcimus et articulimur…prout sequitur', but sometimes something else. Look for the word 'obijcimus'.
Key phrases (English)
Begins 'In the Name of God Amen'.
Heading paragraph gives the name of the defendant (addressed as 'you'), and sometimes the name of the person promoting the cause: 'at the Instance and promotion of XY'.
May include the words: 'We article and object the articles underwritten relating merely to your soul's health and the reformation of your manners…'
Heading paragraph concludes: '… we therefore require your answer as far as by law you are bound, as we article and object as follows, to wit… '
Allegation
Allegations are subsequent pleas, introduced by the proctor of one or other of the parties.
Physical description
Foolscap paper. Short heading paragraph giving the names of the parties and explaining the cause. Followed by a series of numbered paragraphs. Date often given at top of page
Key phrases (Latin)
Begins 'Quo die …'
In the heading paragraph: 'Pars AB … dicit allegat et in hiis scriptis in iure proponit …'
Key phrases (English)
Begins 'On which day...'
Heading paragraph continues: 'X as Proctor of the said Y [the defendant] and under that denomination to all intents and purposes in Law the most effectual did alledg and articulately propound as follows to wit …'
Additional Positions, Excepted Material, Articulate Material or Declaratory Material
These are various kinds of further statement clarifying points made in the libel or articles. They are similar to Allegations. Additional Positions are always on the part of the plaintiff, adding to the points made in the libel or articles. Excepted Material was usually drawn up after a set of depositions was heard, and explains why (in the opinion of the proctor) the witnesses were biased. It 'takes exception' to the witnesses for the other side.
Physical description
Foolscap paper. Short heading paragraph giving the names of the parties and explaining the cause. Followed by a series of numbered paragraphs. Date often given at top of page
Key phrases (Latin)
Begins 'Quo die …'
In the heading paragraph: 'Pars AB … dicit allegat et in hiis scriptis in iure proponit …'
Additionally the document often incorporates one of the following phrases either in the text of the heading paragraph, or in an endorsement:
'Positiones Additionales sive declaratorias libelle ex parte AB [proponent] exhibit et oblat contra ac adversus CD [defendant] …'
'Materia excepte', or 'Materia exceptive'
'Materia articulata'
'Materia declarative'
Key phrases (English)
Begins 'On which day...'
Heading paragraph continues: 'X as Proctor of the said Y [the defendant] and under that denomination to all intents and purposes in Law the most effectual did alledg and articulately propound as follows to wit …'
Additionally the document often incorporates one of the following phrases either in the text of the heading paragraph, or in an endorsement: Additional positions; Excepted material; Articulate material; Declaratory material
Personal answers
Physical description
Varying size paper. Numbered paragraphs. Usually a signature or mark at bottom of page
Key phrases (Latin)
Begins 'Responsis personalia AB facte p'onibus et articulis libelli ex parte et per partem CD…' (Instance causes), or 'Responsis personalia AB facte p'onibus et articulis articulorem ex parte Officij nostri (Correction causes) / ex parte CD…' (promoted Office causes)
Paragraphs answered as follows: 'Ad Xum [number of paragraph] respondendo credit…'
Answers usually in English.
Key phrases (English)
'Personal answers of AB made to the positions and articles in the libel on the part of CD' (Instance causes), or 'Personal answers of AB made to the positions and articles in the articles on the part of the Office of the judge (Correction causes) / on the part of CD (promoted Office causes)
of AB made to the positions and articles in the on the part of CD' (Instance causes), or of AB made to the positions and articles in the on the part of the Office of the judge (Correction causes) / on the part of CD (promoted Office causes)
Interrogatories
These are written questions drawn up by proctors, to be answered by witnesses for either side. n.b. interrogatories are the questions only - where answers are given below the questions, the document becomes a deposition.
Physical description
Varying size paper. Numbered paragraphs
Key phrases (Latin)
Heading paragraph includes names of parties and description of the cause
Variety of possible wordings, all using the word 'Interrogatoria', e.g.:
'Interrogatoria infrascripta omnia et singula dat exhibet et ministrat pars X [defendant] contra testes pretensos ex parte et per partem Y [proponent] contra eum …'
'Interrogatoria ministranda testibus ex parte X [proponent] contra et adversus Y [defendant] …'
'Interrogatoria omnia et singula ministrat et ministrand omnibus et singulis pretensis testibus quibuscumque ex parte et per partem Y [proponent] Officij promotorem contra Z [defendant] …'
Key phrases (English)
Heading paragraph includes names of parties and description of the cause
Variety of possible wordings, all using the word 'Interrogatories', e.g.:
'Interrogatories administered, & so to be administered to A, B & C, pretended witnesses produced on the part and behalf of the said X [defendant] …'
Depositions
These are statements made by witnesses. They are sometimes written on the same piece of paper as the interrogatories they are answering.
Physical description
Varying size paper. Heading paragraphs giving names, addresses, ages and other information about various people, followed by statements made by each person. Signatures and marks at the end of each statement
Key phrases (Latin)
Described at the top or on the back as 'Examinacio Testium ex parte [name of proponent or defendant].
Often beginning: 'Dicta et deposiciones testium ex parte …'
Statements usually made in English
Key phrases (English)
Described at the top or the back as 'Examination of Witnesses', or 'Depositions of witnesses on the part of ...'
Sentence
This is the official document which wrapped up the cause by explaining the process and assigning punishments
Physical description
Foolscap paper. Block of text - no paragraphs.Signature and date at the end
Key phrases (Latin)
Begins 'In Die Nomine Amen'
Name of Official given
'Sententia Diffinitiva' might be written on the back as an endorsement, and might appear in the middle of the text.
End paragraph begins 'ita est', and often includes words 'legi hanc sententia..'; or 'lecta fuit hanc sententia…', followed by name of church, date, and signature of Official
Key phrases (English)
Begins, 'In the name of God Amen'.
'Sentence', or 'Definitive Sentence' might be written on the back as an endorsement, and might appear in the middle of the text.
End paragraph often includes words 'this sentence was read out...', followed by name of church, date, and signature of Official
Bill of costs
Physical description
Varying size paper. List of sums of money charged for particular court proceedings, usually with the dates of each court session given alongside. Names of the parties involved often given in a paragraph at the top of the bill.
Next page: A selection of interesting cause papers from the Archdeaconry of Nottingham