Why do we talk about the year 1837 in English & Welsh Family Tree research? Well this is when the General Register office or GRO was founded and That’s when and civil registration took over from the church in England and Wales.
The reasoning behind it was that the powers that be wanted to centralise data on the population. Consequently two Acts of Parliament were brought in to law by the Whig Government of the time.
1. The Marriage Act – which amended existing legislation for marriage procedures and brought in the addition of the registry office marriage; that allowed non conformist to marry in a civil ceremony. It is for that reason that you may sometimes see this piece of legislation referred to as the “Dissenters Marriage Billâ€
2. Act for Registering Births Marriages & Deaths in England – which repealed previous legislation that regulated parish and other registers.
The new laws brought with them a change with 619 registration districts coming into force. These districts were based on the old poor law unions and so England & Wales were divided up into these districts for the purpose of civil registration.
For each of these districts a superintendent registrar was appointed. Further sub-districts being created within the larger unit and so from the 1 July 1837 all births, civil marriages and deaths had to be reported to the local registrars, who in turn sent the details on to their superintendent.
Every three months the superintendent-registrars would then send on the details gathered in their own returns to the Registrar General at the General Register Office.
So what was the case for church marriages? Well the minister was, in a similar manner, charged with sending his own lists to the GRO where the index of vital events were complied. This system means that many of us are able to simply find our ancestors in indexes and order copies of certificates back as far as the third quarter of 1837.
But how do we get back before 1837? That is a subject for another time.
If one of your ancestors, in your family tree, died without making a will, then their next-of-kin could apply to the church courts for Letters of Administration to be granted to them. What would happen is that they would then be bound in law by entering into a bond to administer the goods of the deceased. As well as family it is sometimes possible to find that a creditor is granted the letters of administration, but in all cases they are referred to as an Administrator, if they are male, whilst afemale is known as an Administratrix.
A Will from the 19th century, online
You may well notice that administrations, or sometimes admons,are generally less informative for the family historian than wills are. That said, however, If you have found that one of your ancestors left no will, but their effects were dealt with by and administration, then at least the document will include: the name of the administrator(s) and bondsman, as well as the the relationship of the administrator(s) to the deceased. This could indeed be valuable to someone tracing their family tree. In addition to which, the administration may often include a date of death and the value of the deceased’s estate, that could help you fill in some gaps.
As in the case of wills, until 1858 it fell to the church courts to be responsible for granting administrations. So for that reason you will need to use the same system to find administrations as you would do for finding wills of the same period. The main point to remember was that it is the same two provinces – the Prerogative Courts of York and of Canterbury – each controlled by an archbishop, that England was divided into.
A subdivision then occurs into several archdeaconries, and then further divisions again into rural deaneries. What all this means to the researcher is that there are over 250 church courts who were responsible in some way for the granting of letters of administration.
So where do we make a start? One answer is to take a look at the A2A website (Access 2 Archives) on the National Archives website: www.nationalarchives.gov.uk/a2a
It is a fantastic database covering a myriad of records from over 400 record offices across not just England, but the whole of the UK. Some of their records go back as far as the eighth century, while some come right up to date.
It is possible to search it by name, or a place and also by a topic and while it may not cover every single record office, by the very nature of its substantial coverage it can be used to search for probate material by using the key words ‘wills, administrations or inventories’ plus the region of the country that your ancestor died within.
You may be wondering where to go looking for your ancestor’s will.
The first thing that you need to consider is that before 1858, England and Wales were divided up into two provinces.
Canterbury was the largest and most influential and its remit covered the South of England up to the Midlands along with Wales. The other one was The Province of York, whose area covered the counties of Durham, Yorkshire, Northumberland, Westmorland, Cumberland, Lancashire, Cheshire, Nottinghamshire, and also the Isle of Man.
The structure of these ecclesiastic provinces were that at the head of each was an Archbishop. Then the province was subdivided into several smaller dioceses with each diocese having a minimum of two bishops. A further division was where these dioceses were divided again into archdeaconries.
Until 12 January 1858, all wills had to be “proven” in a church court to ensure that it was considered a legal will. There were, in effect, over 250 church courts across the country that proved wills and the records of these wills are now to be found stored mostly in local record offices.
Where a will was proved would depend upon where the lands the property was situated in. Another important consideration was whether they were contained within a single archdeaconry. If they were then the will would be proven in the Archdeacon’s court. If, however, the property of the deceased was to be found stretching across several archdeaconries, then it would have to be proven in a Bishop’s Court.
In a similar fashion, should the land be in more than one diocese then it would be to the Archbishop’s Prerogative Court that the will would need to go to be proved.
As always, there are the exceptions to the rules and one of these is if the deceased had died abroad. I such a case the will would be proven at the Prerogative Court of Canterbury regardless of where the property was.
Wills proven in the Prerogative Court of Canterbury are now held at the National Archives in Kew, while the wills proven in the Prerogative Court of York are to be found at the Bothwick Institute in the University of York.
All of the wills proven in the lower courts up to 1858 are usually held in the Diocesan Record Office and often this will be the County Record Office. In Wales, however, wills from 1521 are held at the National Library of Wales in Aberystwyth.
Family historians can find locating wills to be an up hill task. It is recommended that you try to locate an index before you set off to one archive or another, to see if a will for your forebear exists. Many indexes are now available on CD and online via the subscription sites like TheGenealogist.co.uk and Ancestry.
It was not just the rich who would leave a will in the Britain of the past. For this reason, family historians looking into their family tree, should consider it worth researching whether their ancestor did so. This area of family history research is often recorded as Wills and Administrations.I will write about Administrations in another post concentrating today on Wills.
Technically what we refer to in common speech as a ‘will’ is in fact a joint deed that is legally known as ‘The Last Will and Testament’ of the person who has died and it was in 1540 that in England it came into existence. From that date on a party could now devise, or gift, their ‘Freehold’ land by the means of a will.
In order for a deceased’s wishes to be carried out an executor, or executrix, would need to be appointed by the departed to administer and distribute their estate after their death. The executor/executrix would need to apply to a court for the will to be carried out and that court would have to be satisfied the will was valid and that it was the deceased’s final will, and testament. This is the process known as “proving a will”. When satisfied the court then issues a grant of probate that allowed the executors to finally carry out the will’s terms and distribute the deceased’s property.
Before 1540, in England, a testament was only concerned with what is known as “personality” or personal property, which is a person’s moveable goods and chattels. This was because a person’s interests in any “real property” (that is the land and any buildings that they owned) would automatically descended to the
deceased’s immediate heir, normally the first son. Ecclesiastical law, however, held that at least one-third of a man’s property should pass to his widow as her dower and then another one-third should go to all his children.
As you delve into this area of family history you may possibly come across something called a nuncupative will, or perhaps you will see it referred to as an oral will. If you consider that in some places, in years gone by, very few people other than the clergy could read and write. So if your ancestor was dying, with no one available with the skill to write down his wishes, then the court may have relied on the deceased’s oral declaration of their last wishes to another party. Probate would only be granted after the courts had listened to the sworn evidence of those persons who had heard that declaration being made.
As I am sure we can all imagine, this sort of will would often lead to disputes. Needless to say nuncupative wills were made invalid in England by the Wills Act of 1837. There being one exception, however, and that is in the case of members of the armed forces on active duty, for whom they are still legal today.
You can tell such wills apart in the records, as they can usually be identified because they start with the word: Memorandum.
A holographic will, on the other hand, is a will and testament that has been entirely handwritten and signed by the testator. In the United Kingdom, unwitnessed holographic wills remained valid in Scotland up until the Requirements of Writing Scotland Act 1995. This Act of Parliament abolished the provision and so such wills written after 1st August 1995 are now invalid in all of England, Wales, Scotland, and Northern Ireland.
Family historians, may well find that the ancestor that they though would just not have written a will, may well have done so. Consider that even if your ancestor was not wealthy, but a person who owned the tools of a trade, then they may well have wanted to make sure that these were passed on to the right person.
Another lesson that I have learnt is that finding wills can be difficult. I had searched many times, over the years, in various online places before I found the probate for my 2x great-grandfather on the recently available Ancestry Wills & Probate data.
Henry Thomas Thorne, for forty years worked on the River Dart first as the steersman of the railway ferry the Perseverance and then as captain of the GWR Steamer The Dolphin making the short crossing between Kingswear and Dartmouth. He died in 1908 and left effects of £202 17 shillings. That’s about £15,700.00 now, using the retail price index.
As with all family history research, don’t give up on blanks in your family tree, simply resolve to return to unfruitful searches at regular intervals as more data becomes available all the time.
Most people researching their family tree in the British Isles will eventually get past the census collections and the civil registrations and must now turn to the Parish records to proceed further. While, recently, there has been a great many more parish register collections being made available through the subscription sites, it is still not the case that a family historian will definitely find their ancestors parish has been uploaded online. Getting back before 1837 in England & Wales needs researchers to know where to look for the relevant details
Even if, however, we accept that we may need to make a visit to a physical archive, in order to push our research on, then we can certainly turn to the internet in order to locate where the parish records are. As well as this the web can undoubtedly save our selves time, when we do make the visit to the particular County Record Office or other archive, by being able to gain information provided by their website beforehand. In some cases they may even have their catalogue online which would allow us to do essential homework such as finding call numbers for the documents that we wish to look at and perhaps even ordering them up before we arrive.
In most cases, probably as much as ninety-nine percent of the time, we will find that the Parish Records for our ancestors have by now been deposited at the County Record Office, while a rare few will still be at the church in the care of the incumbent minister.
So where should we look first online?
A good starting point is to head over to the ARCHON page that is to be found in the website of The National Archives at www.nationalarchives.gov.uk and is a list of all sorts of archives in the country. The lists include diocesan archives, regimental and many other depositories that have a bearing on social history and genealogy.
From the National Achives home page navigate to the Records page and then to Catalogues and Online Records scroll down until you see the link for Archon. you will now be given a list of areas in Britain to search each with its own link so we see North East, North West etc. Selecting the area that you wish to look up will take you to an A-Z of repositories and if you were looking for a county record office this will be listed there.
Click on the relevant list and you will now be shown the information that ARCHON has on the archive in question giving you opening times etc and a very useful link to the actual archive’s website. I say useful because this is where you are likely to find the most up-to-date information about when they are open, if they have any late nights or Saturday opening times and how to get to them by road, rail, or air.
The actual repository’s website will give you such information as to what types of ID they accept, whether they are a member of the CARN ticket scheme where with one card you can gain access to many Record Offices across the country. Also the low down on whether you need to book a microfiche reader in advance of your arrival etc.
Some archive’s even include their catalogue online, this being a very useful tool as you can find out, in advance of your visit, if they hold the documents that you are looking for and also it allows you to take a note of the “call numbers” for the documents. This will cut down on wasting valuable research time, when you first arrive at the record office and indeed you may be able to order up, in advance, the documents to be waiting for you.
ARCHON is a most useful internet tool for those of us who are thinking about heading to an archive to do some research offline and is one of the ways to go about finding parish records.
I am spending a lot more time trying to find Parish Records these days and it is refreshing to see that more are making it onto the internet.
Take, for example, the two major sets of records that consist of data for generations of residents of Liverpool that Ancestry.co.uk released in April of this year. Three million Roman Catholic and Church of England baptism, marriage and burial records, fully searchable is a fantastic resource for those family historians researching in this major English city.
The Liverpool Catholic Registers, 1750–1900, span 150 years and contain 1.6 million Catholic baptism, marriage and burial records. These will be of particular interest to the 136,0002 Liverpudlians today of Irish descent.
The 1.8 million Liverpool Church of England Parish Registers, 1659–1974, will equally be a significant resource for those tracing ancestors from the Protestant community of Liverpool. When one has got back before 1837 and the time when Civil Registration came in, these Parish Registers are the best way to find births, marriages and death records. No doubt this data set will really help people to trace their northern ancestors back to the 17th century.
The records, contained within these two particular collections, span over four centuries and witness the development of Liverpool from little more than a small town in the 1600s, to one of the UK’s largest and most culturally diverse cities.
It was during the 17th and 18th centuries that Liverpool’s population steadily grew. Come the 19th century, Liverpool expanded to become the second port of Britain and also one of the major centres for the trading of cotton, the importation of food and raw materials, the exportation of manufactured goods, coal, the insurance industry, banking and, of course, shipping.
The release of a database for a city such as Liverpool, with its many parishes, will allow family historians to search many parish records at once, a valuable time saver. The fact that people will be able to see digital copies of the original records is also another significant plus point for this Parish Records release on the internet. Not having to rely on transcriptions is a real bonus for researchers. Looking forward to more such releases in the future.
So, you have been researching your ancestors through the census and have gleaned the name of the town that they were born in. You now have to find the parish in which your ancestor was baptised in and perhaps you have been lucky in getting the parish name from the census. Now you want to find out where exactly it is and carry on your research back before 1837.
The Phillimore Atlas and Index of Parish Registers, Phillimore & Co Ltd; 3rd Revised edition edition (1 Dec 2002) is the go to resource for family historians who are dealing with the “Old Parishes” of England, Scotland & Wales. The third edition of this index features the addition of a map of the whole UK that shows the county boundaries before 1830 and it has shifted to a reliance on census indexes, rather than marriage indexes, which are now summarized in a paragraph.
In what I’ve written above I refer to the Old Parishes. What are these, you may be asking yourself? The answer is that they are those, approximately twelve and a half thousand parishes, from before 1832 and the Victorian expansion of towns and cities. It was then that many of the ancient parishes were divided up with the building of new churches to cater for the expanding population.
The Phillimore Atlas and Index is an abstract made in 1831 of the records that had survived for the parishes of that time. The book gives the family historian maps of the ancient parishes, along with names and the dates of the earliest surviving registers for each of the named parishes. Now these could be back as far as 1538 or much much later, depending on their survival against fire, flood and a variety of other reasons for them going missing.
Taking a look at the Index section you would see that you are able to find a list of the old parishes for the county that you are interested in. You will find the dates for when the registers were deposited and a code against them that will tell you where the records are deposited in the various record offices.
Now, you should be aware, however, that it is possible that not all three types of records may have been deposited yet. The baptism, marriage and burial registers may have filled up at different rates. The registers are only ever deposited when they are full as they remain a working document until such time. So, take as an example, a parish where baptisms are only done once in a blue moon. Here the register that they started in 1813 may still be with the church as it tortuously slowly received children into the faith! (1813 was when the new registers came into existence.)
The Atlas and Index is effectively a synopsis of parish registers and if there is nothing in the column for baptisms then you could assume that it was still with the church in 2003, when the last revision came out. The Phillimore Atlas and Index of Parish Registers, can be found in most municipal libraries or can be bought from all good bookshops and at Amazon.co.uk
I got an email today as I’m a member of the Society of Genealogists. It gave me the good news about some of the new records that have recently been added to SoG Data Online and which can be accessed free of charge from home by members of the Society.
The first is: “The Apprentices of Great Britain records” which list apprentices from all over the country between 1710 and 1773, and even some from 1773-1811.
If you have London ancestry back in the 17th and 18th centuries then the next data set that is available via this site and could be of great use top you is the “Boyds London Inhabitants”.
Thirdly the “Teachers Registration Council registers” will be of use to those with teachers in their family tree. Although the latter commence in 1914, they include teachers who started their careers from 1870-1948. Over 100,000 people are listed, more than half of them being women.
Next is “The Trinity House Calendars” which gives details of a number of merchant seamen and their families. The petitions for assistance from the wives/widows of seamen who have either been injured or have died are full of biographical detail.
There are now nearly 10 million records on SoG Data Online. To access them you need to be a member of the Society of Genealogists and then you can login via the MySoG link.
In our family tree research we can sometimes become a little blinkered. We find some important vital clue, such as a place of birth for our ancestor, and then assume that this will also be the location that our ancestor was baptised and grew up in.
In an ideal world, of course, the place of birth furnished by our ancestor, in the decennial census or some family document passed down to us, may also be the place in which they were christened in. Just consider for a moment, however, that your ancestor moved about the country. It may have only been a few miles, but even this could be enough to put you off track in finding them in the parish registers for the town in which they reported as their birth place.
Perhaps they were itinerant labourers following work. Consider those that sailed on small boats down the rivers, or those canal workers who moved before getting the child baptised.
Some children, like those in one branch of my family tree, were all baptised on the same day in the same church in a sort of “job lot”. Now what would happen, for any family historian looking for baptisms in the places of birth of the children, if the family had been on the move between child number one’s birth and child number five’s?
In the above example I am imagining that child 1 was born in Gloucester, other children in Bristol, while the last was born in Plymouth. I start my research, from a census record that says that my ancestor was born in Gloucester, but can’t find his/hers baptism or any other records in the Parishes in and around Gloucester as the child was baptised in Plymouth some years later where my seafaring ancestors finally put down roots.
So you can now see that if you have been furnished with a place of birth of your forebear from the census, or another document, that gives your ancestor’s place of birth as town A and you begin to search the Parish registers for this town for their baptism, then you have to consider that they may actually be in the registers somewhere else.
Also, to bear in mind is that the child’s mother may have gone back to her folks to give birth to her child before returning to her husband and her home and then having the child baptised there. What if they were not followers of the Church of England? This is something else to consider.
The tip I am pointing out here is that you must keep an open mind when doing family history otherwise a simple problem may become a brick wall.
If you are looking for something on finding ancestors before civil registration came in for England and Wales then what about my Audio CD on:
Wills can be of great use to any family historian for a number of reasons. They can furnish you with names of relatives, give you a description of the property that your ancestor owned at the time of their death and even reveal their favourite charity. Or though in my case I suspected that the charity that my aunt chose to leave the residue of her estate to was really her solicitor’s favoured charity and his suggestion!
Wills are one of the few documents written by your ancestor. For this reason they may give you an insight into their attitudes, social standing and their lifestyle. Perhaps, if you are lucky they can also explain family feuds and even expose scandals.
If, however, you discover that one of your ancestors seems to have been cut out of the will, you should always consider that this may not necessarily mean that they were disinherited. You should be open to considering that other arrangements had already been made for them in the lifetime of the deceased.
Quite a few family history researchers assume it is not worth checking if their ancestors left a will because they think their ancestor’s background precluded them from doing so. It is, however, wrong to believe that only a minority of people from the top of society left wills. Yes, it may be true that most people who left wills had some property of some kind or another. But wills can be found for people from amongst the very widest range of backgrounds.
Whilst it is perhaps true that only a small percentage of the population left a last will and testament, you should remember that for every person who did so means that there will be at least one other person mentioned in the document and this at least doubles your chance of finding a connection to your family tree, even if they are a distant relative.
It is possible, but not all that common, to find a will belonging to your family that pre-dates the parish registers, or even better where parish registers and the other primary sources have been destroyed or gone missing over the years.
You should know that before 1858 wills were generally proved in the church courts. In order to find a will in this time period will need you to have some understanding of the church hierarchy and how this bears relationship to the place or area that you are researching within.
So, what is a will?
It is a formal document stating exactly what a person desires should happen to their possessions after they have passed on. The person making a will is referred to as the Testator and they make a Last Will and Testament. This is actually a joint deed, the Will and the Testament.
Last Will and Testaments became the legal means of passing on one’s property in England in the year
1540. This was because it was only from that date that ‘Freehold’ land could be gifted or “devised” through a will. Before this date a “testament” was legally only concerned with what the law knows as “personality”. this is a term referring to personal property, that is a person’s moveable goods and chattels.
Why wasn’t it possible to pass on land? The answer lies with the fact that interests in “real property”, or the land and buildings your ancestors owned, would descend automatically to the deceased immediate heir. The church law, however, stated that at least one-third of a man’s property should pass directly to his widow as her dower and then one-third to all his children.
In theory these rules could not be broken, however property owners found ways that they could get around them. As an example, whilst “Copyhold land” – land held from the Lord of the manor – could not be left in a will before 1815, it could still be given up or “surrendered” to be used in a will. This effectively meant that it could be left to whomever a person wanted! Other methods of circumnavigating the rule was to transfer one’s property to trustees who would hold it during the owner’s lifetime as per that person’s instructions.
If you are lucky and find your ancestor has left a will you will see just how useful it is to the family historian.
How To Get Back Before 1837 in England & Wales Audio CD is available now for £12.47.
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