PETTY BAG OFFICE

4 definitions found across Law Mind sources

PETTY BAG OFFICEAuthored
The Law Mind • 794 words
Definition
A defunct administrative office within the English Court of Chancery, responsible for managing the common law side of that court's business. The Petty Bag Office handled suits against attorneys and officers of the court, as well as process and proceedings by extent on statutes, recognizances, writs of ad quod damnum, and similar matters in which the Crown had a direct interest. Its records were not enrolled on rolls in the conventional manner but were instead preserved in a small sack or bag — in Latin, parva baga — from which the office took its name. The office operated on what was historically called the common law side of Chancery, as distinct from the equity side, and was the principal administrative mechanism for that jurisdiction. The Petty Bag Office was abolished as part of the nineteenth-century English court reforms that restructured and consolidated the superior courts.
Common Confusion
The Petty Bag Office is occasionally confused with the Hanaper Office, another administrative division of the Court of Chancery. The two were distinct: the Hanaper Office handled fees and fines on grants passing the Great Seal, while the Petty Bag Office managed Crown-related proceedings and suits against court officers. Rapalje & Lawrence explicitly cross-references both, and researchers encountering either term in historical records should not treat them as interchangeable. The word "petty" here does not signal minor importance — it derives from the French petit, meaning small, referring to the physical bag used to store the records, not the significance of the matters handled.
Why It Matters in Research
This term appears almost exclusively in historical English legal materials. Researchers will encounter it in pre-reform Chancery records, procedural treatises, and older digest literature. Several navigational points apply: First, the Petty Bag Office is a marker of temporal and jurisdictional context. Its presence in a document signals English Chancery practice before the Judicature Acts of the 1870s, which reorganized the superior courts of England and Wales. Any American reference to the Petty Bag Office is borrowed historical usage, not native practice — the institution never existed in colonial or post-independence American courts. Second, the office's dual character — handling what was technically common law process within an equity court — makes it a useful research anchor for understanding the structural complexity of the pre-reform Court of Chancery. Chancery was not purely an equity tribunal; the Petty Bag side conducted proceedings by extent (a form of Crown debt enforcement) and other common law writs, which helps explain procedural anomalies researchers may find in older Chancery records. Third, the physical record-keeping method is itself significant. Because proceedings were stored in bags rather than enrolled on rolls, the archival finding logic differs from standard Chancery enrollment searches. Researchers working in the Public Record Office materials or their successors at the National Archives (UK) should account for this distinction when tracing pre-abolition Crown-related Chancery proceedings. Fourth, cross-references in the source dictionaries point to Blackstone's Commentaries (Book 3) and Coke's Institutes (Book 4) as the primary expository authorities. These are the first stops for anyone needing doctrinal depth beyond a dictionary entry.
Historical Dictionary Support
The three source dictionaries are in substantial agreement on the core definition but differ in depth. Black's and Bouvier offer nearly identical brief descriptions drawn from Termes de la Ley, identifying the office's function without explaining its name. Rapalje & Lawrence provides the most useful entry: it supplies the etymological explanation (parva baga), the bibliographic anchors in Blackstone and Coke, and cross-references to the Hanaper, making it the most research-serviceable of the three entries. None of the three dictionaries address the office's abolition or the reform context — a significant gap for any researcher trying to establish when the institution ceased to function. They treat it as a living or at least recently living institution, which is itself a dating clue about when these dictionaries were compiled or last revised. Researchers should not rely on these entries for the office's terminal history and should consult the English court reform legislation of the mid-to-late nineteenth century directly.
Jurisdictional Note
The Petty Bag Office was a purely English institution with no direct American equivalent. References to it in American legal writing are historical or comparative only. Researchers working in jurisdictions that inherited English equity practice may find indirect structural parallels, but no American court system replicated this specific office.
Encyclopedia Cross-Reference
See Law Mind Encyclopedia: Court of Chancery | Hanaper Office | English Court Reform
Related Terms
Chancery — Court of Chancery — Hanaper Office — Ad Quod Damnum — Extent — Recognizance — Common Law Side — Equity Side — Judicature Acts — Termes de la Ley — High Constable — Petty Constable
PETTY BAG OFFICEmain
Black's Law Dictionary • 1891
In English law. An office in the court of chancery, for suits against attorneys and officers of the court, and for process and proceedings by extent on statutes, recognizances, ad quod damnum, and the like. Termes de la Ley.
PETTY BAG OFFICEmain
Rapalje & Lawrence • 1883
- The Petty Bag Office was so called because in it the proceedings in which the crown was concerned were preserved in a little sack or bag, in parva baga, instead of being enrolled on rolls as in the case of other proceedings. 3 Bl. Com. 49; 4 Inst. 80. See CHANCERY, 24; HANAPER. 1. The principal office on what was formerly the common law side of the Court of Chancery, and is under the management of an officer called the "clerk of the petty bag." It is now an office of the High Court of Justice. Out of it issue all original writs, certain kinds of writs of error and certiorari, commissions of charitable uses, idiocy, and lunacy, commissions to seize escheated and forfeited lands, &c., writs of dedimus potestatem, congé d'élire, scire facias to repeal letterspatent and enforce recognizances, &c., and writs on the calling of a new parliament. In it are filed traverses of inquisitions and returns to various commissions, including commissions for production of a cestui que vic. (See the various titles.) In it is also transacted the business connected with the admission of solicitors. (See Rep. Com. on Fees 8; Second Rep. Leg. Depart. Com. 124; 4 Inst. 80; 3 Bl. Com. 49; 2 Dan. Ch. Pr. 1910; Castro v. Murray, L. R. 10 Ex. 213; Arch. Pr. 63. See, also, Solicitors Act, 1877, § 9.) The practice of the office is regulated by the Petty Bag Office and Enrollment in Chancery Amendment Act, 1849, and the general orders. 12 and 13 Vict. c. 109; 2 Dan. Ch. Pr. 1606; Dale's Case, 6 Q. B. D. 376. 2. By the Judicature (Officers) Act, 1879, 14, the office of clerk of the petty bag will be abolished on the occurrence of the next vacancy.
PETTY BAG OFFICEmain
Bouvier's Law Dictionary • 1928
In English Law. An office in the court of chancery, appropriated for suits against attorneys and officers of the court, and for process and proceedings by extent on statutes, recognizances ad quod damnum, and the like. Termes de la Ley. .PETTY CONSTABLE. The ordinary constable, as distinguished from the high constable of the hundred. 1 Bla. Com. 355; Bac. Law Tr. 181, Office of Constable; Wille. Cons. c. 1, § 1. See CONSTABLE.

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