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Help Me To Get Back Before 1837 In English & Welsh Genealogy

A great many people who are researching their forebears from the British Isles, discover that there is a massive amount of family history information on the internet for the years going back as far as 1837 in England & Wales. Then, as I pointed out before in a previous article of mine about tracing an English family tree before 1837, it would seem to become more difficult for us researchers. What is the significance or the year 1837? This is the date when civil registration started in England & Wales. The state took over from the established church the registering of all the citizen’s vital records.

You may have been amazed at the ease you had finding later records of your ancestors on the subscription websites like Ancestry, or TheGenealogist.co.uk, but then as you go back before the census records and the government run data for Births, Deaths and Marriages, you will have found that only a small number of all the genealogical records, that there actually are, have made it on to the net.

Parish Records can usually be found in the County Record office, or in a few cases the incumbent minister may still have retained them at the parish church. How do you decide which parish your ancestors would have fallen into? This is the value of getting hold of Parish maps for the relevant counties that you are researching. These maps will not only show the boundaries of each parish, but also those of the adjacent parishes, which can be extremely useful for tracking those ancestors who tended to move about!

Gaps can occur in the parish registers because of changes in regime, such as the English Civil War. Yet another political reason for missing parish records is the effect a tax can have on them. An example of this was that in 1783 a stamp duty of 3 pence on every entry in the parish registers was imposed by the government of the day – although paupers were exempt. As with all taxes people seek ways to evade them and so, with the collusion of many church ministers, you will discover that there is a decline in the number of middle and working class entries of baptisms, marriages and burials. In contrast there is a corresponding increase in the number of pauper’s entries! The Act was repealed in 1794, having been found to be largely unsuccessful.

An Act of Parliament, in 1812, required baptisms, marriages and burials to be entered in separate and specially printed books. These books provided for only eight entries per page and required more information to be gathered on the individuals than had been the common practice.

Baptismal entries now included the Father’s occupation and the Mother’s maiden name. Marriages, henceforth, included the parish of origin of both parties, their names, if they were a bachelor, spinster, widow, etc., their ages, the parties signatures or marks, and also those of two witnesses.

Entries for burials now included the age, occupation and abode of the departed and between 1678 and 1814 an affidavit had to be sworn that the deceased was buried in wool to help the economy or a fine of £5 was payable.

Marriages could have been solemnised in the Church either by banns, or by licence. Family historians, searching for their ancestors, will find that banns are recorded in the parish register. The reading of bans was the process where the couple’s intention to marry would be read out on three occasions in the parish churches of both parties. So if you know the place where the bride-groom lived, just prior to his marriage, this record will also give you the information as to the parish of his bride. Normally the wedding is likely to take place a few weeks later and so this gives you a time period to search. Marriage Licences themselves will probably not have survived the years as they were sometimes handed to the couple intending to marry. But fear not, because a search can be made for the marriage licence’s bond, or allegation. This is a document that can give up some useful information for family historians as names of those who stood surety, along with the names of the bride and groom, place of marriage and in some cases the occupations of the sureties and groom are recorded.

These are just some of the documents that you can use to help you get your family tree back beyond 1837 in England & Wales.

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Tracing my Great-Grandfather in Trade Directories

Directories1869 at TheGenealogist.co.uk

I’ve used trade directories before, when I was tracing my tradesmen ancestors down in Plymouth. At that time I’d found one enterprising forebear, of mine, who had been a Victualler and Brass founder on the 1861 census employing  one woman, six men and some boys in this Devon City. This had lead me on to use the University of Leicester’s site, Historical Directories at www.historicaldirectories.org to find him and his advertisement in a Plymouth Trade Directory. Its great fun to see how polite were the requests of a Victorian era businessman, asking for trade, in an advertisement from this time.

This week I had turned my attention to my maternal great-grandfather. In a book, complied on the family, that I was lucky enough to have found on the shelves of the Society of Genealogists, in Goswell Road, London, my ancestor was given a brief mention in between his more illustrious brother’s, cousin’s and forefather’s. What I was able to glean, from this book, was that Edward Massy Hay had been a merchant in London for a period in the 1860’s, after a short spell in the army.

The book had been complied by his Father, Charles Crosland Hay and completed by his cousin on the death of the former. It gave me a clue that all was not well in the business world of Edward, as a line simply said: “Partner in the firm of Stevens & Hay, Merchants in London; on its failure he became a tea-planter in Ceylon.”

My first reaction was to see if the business went bankrupt and was mentioned in the London Gazette. I checked the website at www.london-gazette.co.uk, where it is possible to search back through the archives for free, but I found nothing on the business. I’d read a tip that it was always worth checking the Edinburgh and Belfast Gazettes, in case the bankruptcy had been hidden in one of these publications. The results came back negative and so it looks as if the business was wound up without going bankrupt.

Recently, on taking a look around TheGenealogist.co.uk‘s data sets, I came across the 1869 Kelly’s Post Office Directory for London on their site. By entering “Stevens and Hay” I was eventually able to locate their business to an office at 65 Fenchurch Street, London. EC3

Moving on, to a Kelly’s Directory for 1880 London, I found my great-grandfather listed as living in Princes Square, Bayswater, London. Also at that address was his sister, Mrs Mary Ann Webster, whose husband was in the Madras Civil Service. But I had already begun investigating the move to Ceylon (today known as Sri Lanka), by my ancestor. By 1880 he was appearing in a directory for that island, as well as at Bayswater!

From a website, dedicated to the history of Ceylon Tea (www.historyofceylontea.com), I found there are links to many years of the Ferguson’s Ceylon Directory. In 1880 Edward M. Hay was an Assistant for R.Books & Co of London, in the British Colony. He appears in several of the directories, one of which has him as Chairman of his local area’s planters association and in 1905 he was listed as the owner of a tea estate called Denmark in Dolosbage, Ceylon.

This little peep into my great-grandfather’s life was made possible by the use of various trade directories and the fact that they have been scanned and uploaded to websites on the internet. But before I turned off my computer, on a whim I decided to enter the address that he had shared with his sister in London into Google street view. I was rewarded with the Georgian fronts of Princes Square and easily found the house where he lived. It is now a small hotel and so its address is on the internet.

A search for 65 Fenchurch Street, and the offices, shows that they have been replaced by a modern vista. Lastly, I did a Google search for the Denmark Tea Estate in Sri Lanka and by chance it still exists! Using Google Earth I was able to use the satellite view to see, from the air, the hillside estate that once was where my great-grandfather cultivated tea.

It seems to me to be well worth using some of these alternative tools, available to us, when doing family history research. They may add just a little bit of flesh to the bones of facts gained from the census data or the birth, marriage and death records for our ancestors.

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Small Errors In My Great-Great Grandfather’s Will

I am a bit of a pedant and so I got slightly annoyed recently with a number of small inaccuracies that I found in a copy of a 1908 will and have wondered if the solicitor for my great-great-grandfather knew him at all and whether my ancestor actually read the will that he signed three months before his death!

Captain Henry Thomas Thorne on the GWR Dolphin, Dartmouth, Devon.
Captain Henry Thomas Thorne on the GWR Dolphin, Dartmouth.

 

I have got hot under the collar because I had sent off for my forebear’s will. The story is that recently, while looking around the Ancestry.co.uk site, I discovered, within the National Probate Calendar for England & Wales, a listing for my 2x great-grandfather Henry Thomas Thorne. I was aware that he had died in 1908 in Dartmouth, Devon, but until then I had no idea that he had left a will. He was the son of a boatman and one time cordwainer from Dartmouth. Henry had moved, in his youth, to Portsmouth to work in the Royal Naval dockyard as a ropemaker.

It was here that he met and married his wife Ellen Malser, the daughter of a Master Mariner if the records are to be believed. Henry and Ellen soon moved back to Dartmouth where Henry obtained a job, in 1864, as the steersman of the railway ferry that crossed the Dart from Kingswear to Dartmouth. He was to eventually became the Captain of the steamer, called the Dolphin, that replaced it.

Henry Thomas Thorne spent 40 years working on that vessel and even had the privilege of sailing King Edward VII & Queen Alexandra across the Dart, when they came to lay the foundation stone for the Royal Naval College. From that time on the townsfolk nicknamed Henry “The Admiral”, according to sources that I have read.

With the details, from the National Probate Calendar, I was able to download a form (PA1S) from the Government’s Justice website and send off my cheque to the Postal Searches and Copies Department, which is in Leeds.

http://hmctscourtfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=739

When the will arrived, on my door mat, I was somewhat confused to find that it contained some interesting errors.

Henry Thomas Thorne was listed as a retired “Ropemaker”, an occupation that he had pursued in his youth in Portsmouth. But surely, with 44 years as the steersman and then Captain of the railway steamer across the Dart, it would have been more appropriate for the solicitor to have identified him as a retired mariner? No matter, I thought, and read on.

Next Henry appoints his wife Helen, along with the solicitor to be executors.

Helen, I wonder, who was this wife called Helen? It was, of course Ellen.

The will goes on to mention his “free-hold house situate at Victoria Road, Dartmouth, which had me looking on a map as all his census records show him living on South Ford Road and his death certificate mentions Fernleigh. From the map I can see that a Ferndale is an extension of South Ford Street and it overlooks Victoria Road. Using Google Street View I could see that Ferndale was not navigable by the Street View car and is a sort of walk rising up the hill. So perhaps I can assume that his house at Fernleigh was indeed in the area of Ferndale, but was it on Victoria Road?

He bequeaths money, in trust, to his daughter Florence Melzer Thorne. She was named after her mother’s family, Malser and not Melzer. In fact she was actually named Ellen Florence Malser Thorne, but I digress!

So it is a lesson to us all to take what is written down in any record that we find, even a will, as not necessarily being completely accurate. Check several sources before you can be sure of any fact.

In this case I wondered if the solicitor was new to the area. However a check of the census, in 1901, shows me that he would have been 33 in 1908 and had been born in the town. As such he would have, no doubt, been ferried across the river by my 2x great-grandfather on any occasions that he had need of catching the GWR train as Dartmouth had no railway lines itself. He must have been familiar with the character called The Admiral, who had been in the same job on the water from before the solicitor’s birth!

 

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Finding Ancestors Up To 1837 In An English & Welsh Family Tree

The National Archives at Kew

The National Archives at Kew

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 Bill”

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.

Help Me Get Back Before 1837 in England & WalesHow To Get Back Before 1837 in England & Wales Audio CD is available now for £12.47.

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Administrations in England & Wales up to 1858

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 a female is known as an Administratrix.

A will and testament from the 19th century
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.

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Where To Look For English Ancestor’s Wills

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.

A will and testament from the 19th century
A Will from the 19th century online
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Well Worth Family Historians Looking For A Will

A will and testament from the 19th century
A Will from the 19th century

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.

The Nosey Genealogist.

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How Can I Find Parish Records In My Family Tree Research?

Online-Old-Parish-RecordsMost 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 will be looking at others in a future post.

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