Tag: documents

Posted on

Wills & Administrations in English Family History

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.

Send to Kindle
Posted on

Manorial Documents in English Family History Research

Ancestral Trails-The Complete Guide to British Genealogy and Family HistoryI’ve been dipping back into Mark Herber’s book “Ancestral Trails” published by The History Press 2005, looking at the subject of researching back before Parish records started in the mid-16th century. He warns his readers to expect difficulties tracing their ancestors in that time. It seems that before then, you are only likely to come across sporadic references to your ancestors – or perhaps more properly people who could be your ancestors – in wills, tax records or court documents. Herber writes that “… you are unlikely to be able to trace a line of descent in this period (and in particular find documents that evidence that one man was related to another) unless you find your ancestors in property records.”

Now property records can be found for people from various classes, those who were substantial land owners and also yeoman, tenant farmers and labourers. This is why it is said that English manorial documents are perhaps one of the few types of records in which genealogical information about the common man, as opposed to those from the upper classes, is likely to survive from medieval times.

So what was the manorial system?

In the England of the Middle Ages, land was held from the English monarch by a lord and on his land the peasants worked and received his protection in return. Anglo-Saxon society was, as in most of the other European countries, rigidly hierarchical. Social status depended on birth and family relationships. Power was gained through the ownership of land, as this was the principal source of wealth at this time.

After the Norman conquest of England all the land of England was deemed to be owned by the monarch. The king would then grant use of it by means of a transaction known as “enfeoffment”, where land grants or “fiefs” were awarded to the earls, barons, bishops and others, in return for them providing him with some type of service.

There were two sorts of tenure, according to the type of service rendered by the tenant to the lord, free and unfree. Free tenure can then be broken down into different forms again. A tenure in chivalry, for example “tenure of knight service”, would be where the tenant was charged to provide his lord with a number of armed horsemen. Mark Heber in Ancestral Trails points out that this type of tenure was soon commuted to a money payment (or “scutage”). He also explains that among the types of “free tenure” was to be found “spiritual tenure” where divine services, or “frankelmoign” by which a clergyman, holding land from the lord of the manor, would pay his due in prayers said for the lord and his family.”Socage tenures” existed where the tenant provided his lord with agricultural services such as ploughing the lord’s retained land for 20 days a year.

“Villein tenure” or unfree tenure applied to those men known as villeins, serfs or bondmen. This class of tenant was not free to leave the manor without obtaining the permission of the lord. They would be subject to many obligations, some of which were onerous and these individuals held their land in exchange for providing the lord a number of days work in return. This could be, for example, four days work a week -  but the nature of the work could vary depending on what was required.

Manorial Documents are fascinating for family historians, as are will documents that were not the exclusive preserve of the rich. I shall explore this area again in other posts.

Send to Kindle
Posted on

Surname Research in British Family Trees

I’ve heard tell that there are over 25,000 different surnames in use in the British Isles today!

When you consider that, until the medieval times, most people would not have had a hereditary last name, this does seem quite a variety. And yet, in family history research, there is the perennial problem of how to research a common surname, indicating that for some of us there would perhaps be a preference for even more examples of surnames to have been added to the total.

If we were to go back to the time before the 11th century, then most of the population of these isles were known by a personal name, or nickname and would not have possessed a surname. The church would have baptised them with Christian names, usually those of a saint, as this was of more concern to the ecclesiastic authorities.

It would have been as a result of the arrival of written documents, in the 11th and 12th centuries, that the need for people to be identified more precisely would have led to the gradual adoption of surnames. The problem associated with the use of nicknames was that they were not fixed. A person could be known by several during the course of their lives and so this was not conducive to the operation of a bureaucracy.

Most surnames fall into one of six types.

There are the Place names derived from towns, areas or perhaps a farm. So we assume that the ex-Formula 1 racing driver, Derek Warwick’s name comes from the town in the Midlands.

The second type is taken from a physical feature. So we have such names as Hall, Westlake, Thorn and my parent’s next door neighbours the Underwoods.

Thirdly there are the surnames that owe their origins to a nickname, or physical characteristic. The likes of Large, Long, Short etc. fall into this category.

Johnson and Richardson are example of the fourth type; those that are from family relationships. Mostly these are from “son of…” but I have to say until I started doing a little research I was unaware that there are some derived from the maternal line, thus the son of Matilda is Tillotson.

A fifth type to consider is that of an ancestor’s occupation. so we have Cooper, Smith, Archer and Baker, to name but a few.

Lastly there are the surnames that are derived from forenames. Alan, Stephens

But this is not all, because there are the surnames that have entered common use in this country that are from elsewhere. So in England you have Scottish, Irish, French Huguenot and Jewish surnames all established and quite common. What is more, surnames may have had several different origins and may have evolved over time, so making the precise definition very difficult.

Surnames may be important to our family history research, but it should be remembered that they are an imprecise science. While many of them may be quite local and remain so even to this day, the chances are that your ancestors moved from their place of origin and so making it more difficult for you to tie them down. It is, therefore, very unlikely that a surname will be able to pinpoint a family’s origin, except in the case of a rare name which owes its existence to a particular location, where the name itself is very common.

Names changed over the years for a variety of reasons, some because the holder was illiterate and it was interpreted to be spelt in one way or another by the vicar, some changed because the holder decided to change it. I am fascinated why my surname, Thorne spelt with an “e” only goes back to my 2 times great-grandfather who in the 1861 census is without the “e” and yet in the 1871 census is with!

So while we all have surnames today, it is by no means certain that yours has not changed through time.

Send to Kindle
Posted on

ConnectedHistories.org, a Usefull Tool For Research.

Here is a new resource that would seem to be quite a useful tool for doing historical research.

www.conectedhistories.org on screenwww.connectedhistories.org brings together several important resources to search from one place. I can see how it could be used to track down records and to also fill in some background knowledge for people researching their ancestors, even though some of the records are not specifically aimed at family historians.

Including more than two billion words that have been recorded in documents ranging from the 1500s and the start of the 20th century, it has been created by the universities of Hertfordshire, London and Sheffield, taking them 18 months to complete.

While it doesn’t provide online access to any new records, it does allow a researcher to make connections
between multiple data sets that were previously only available separately. One of its good points is that it
makes it easier to track down the names and locations of people who are in records and who, previously,
would have needed to search for using keywords on the websites that it now accesses.

Connectedhistories intends to grow with a major update scheduled for later in the year when the British
Library will upload 65,000 books and thousands of 19th century pamphlets. Currently, with a single search, you gain access to… British History Online, British Museum Images, British Newspapers 1600-1900, Charles Booth Archive, House of Commons Parliamentary Papers, John Johnson Collection of Printed Ephemera, John Strype’s Survey of London Online, London Lives 1690-1800, the Origins.net and The Proceedings of the Old Bailey Online 1674-1913.

While some of the providers are subscription sites, you do get access to brief extracts from them without
needing a subscription and so this is a useful feature. I shall be looking forward to the update later in the year from Connectedhistories.org.

Send to Kindle
Posted on

Researching family in Jersey, part 6: using the rates listings.

There are not many places where the contribution you make to property rates is public knowledge, but Jersey is one of them.

In Jersey rates are paid in two parts: one part is paid by the owner of the property (the foncier rate) and the other is by the occupier (mobilier rate). There are sets of rate books in both the Archive and the Coutanche Library covering about a century up to 1965, plus some more recent data as well (ask for Taxation du Rât)

Jersey Taxation Du Rat BooksThese aren’t the easiest of documents to use, because the listing is an alphabetical list of ratepayers in each vingtaine (a vingtaine is a subdivision of a parish; the smallest parish (St Mary) has two, while St Helier has seven).

Ideally you need a detailed map of Jersey and a lot of patience – but the listings can be very rewarding. They will indicate whether someone owns a property or not: they can also indicate something about the condition or size of the property (someone paying 5 quartiers of mobilier rates a year is going to be living more modestly than someone paying 20 quartiers a year. It’s also indicative, at least to some degree, if the person you are researching is not on the list of ratepayers – that would indicate someone who was probably in a shared tenement and fairly low down the pile (because this became a lot less common as slum housing started to be replaced in the 20th century). Some of the parishes also published lists of people with dog and/or gun licences alongside their rates.

The existence of the rates books is also very handy in tying movement down. I knew that my wife’s family moved from one address to another between the 1891 and 1901 censuses: the fact that they suddenly started paying rates in 1896 or so pinpoints the move more exactly. Equally, my second cousins had a hotel in Grouville, but they disappear from the rate books in about 1905 – only a year after the owner (to whom one of them was married) died.

Property owners have to acquire their property, and next time we’ll be looking at what you can get from Jersey’s land registry system. Until then – À bétôt!

Guest blog by James McLaren from the Channel Islands Family History Society

Send to Kindle
Posted on

Release of the 1911 Scottish Census

Census on Computer ScreenScotlandsPeople website has announced that the 1911 census will be available by 11:00 BST on Tuesday 5 April. Images of the enumeration books will be in full colour and for the first time the enumeration includes the particulars of the marriage, the number of children born from the marriage, the industry or service connected to the occupation and the nationality of the person enumerated.

This will mean that we will be able to search all of the United Kingdom for ancestors in the 1911 census records, as Scotland joins those from England & Wales, the Channel Isles and the Isle of Man for the first time.

ScotlandsPeople are also planning to make some scanned historic documents available at their website: www.ScotlandsPeople.gov.uk, for example PDF’s of the street index books for the main towns and cities of Scotland, which will show whether a street existed in 1911.

Send to Kindle
Posted on

British Record Society Probate Record Collection

I see that the British Record Society (BRS) Probate Record Collection has gone live on the National Wills Index.

Its a collection that covers more than 500 years and if your ancestor had written a will then perhaps this will make it a bit easier for you to find them. What is important about this release is that much of the data can not be found elsewhere on line and so the release on British Origins (www.origins.net) is to be welcomed.

These BRS probate indexes give you the names and dates of several million wills and other probate documents. It has a search facility that allows the user to view images of the original indexes to find all the information that you need to locate the documents in record offices.

In the future, as the BRS volumes are gradually indexed and uploaded, users will be able to order hard copies of the wills online. and they even promise that eventually we will be able to access the documents thenselves.

Send to Kindle
Posted on

Jersey Family History Forum at WDYTYA? Live

Jersey Family History Forum at the WDYTYA? Live show 2011
Jersey Family History Forum at the WDYTYA? Live show 2011

I had to be up, showered and breakfasted for 6 am, in order to make my way to Jersey airport and the 7 am “red-eye” to London Gatwick. The fact that I, not in any way a morning person, was prepared to do this stems from the timetable of workshops that I had seen for the Who Do You Think You Are? LIVE show at Olympia.

First on, in the Society of Genealogist’s Regional theatre was “Researching Your Family History in Jersey” given by Sue Payn and James McLaren and I really wanted to be there for the workshop. My bus to the airport, the flight to London and the coach transfer to central London all ran reasonably to schedule and so I was in the building by 10.15. and taking a seat in time for the presentation.

James’ began by clearing up the perennial misunderstanding by people from outside of the island, regarding Jersey’s constitutional position. As a Jersey born and educated person, myself, I have spent most of my life making similar statements to his and so a smile warmed my face as the familiar words rang out.

I am often heard saying that we are not part of England and Wales, nor are we part of Great Britain, nor the United Kingdom and we are not in the EU, but are British Islands.

As James said: “We are a Crown Dependency: we owe allegiance to the British crown, but in most other respects we are self-governing. We have our own legal system, large parts of which are quite different from English law. In this respect we are similar to Guernsey, but please understand that we are not the same! It’s like the difference between a Mercedes-Benz and an Austin Allegro – the principle is the same, a vehicle that gets you from A to B, but the detailed implementation is rather different.”

This brought another smile to my lips as the old rivalry, with our sister Bailiwick of Guernsey, was introduced to the good folk in the workshop. Both Bailiwicks trace a Norman heritage and when in 1204 King John lost his French possessions, the Channel Islands kept allegiance to the British Crown.

One of the first things you are going to find, if you are researching your ancestors from Jersey is that the records are invariably going to be in French, as this was the official language of this island until very recently when English has become dominant. James pointed out that Jersey was very largely French or Jerriais-speaking until the middle of the 19th century, and so a lot of legal records long after that were kept in French. The deeds to my house, for example.

I have often heard people in the island refer to these documents being written in “proper French” to distinguish the language used from Jerriais, the name given to the Jersey French patois spoken in the island, which even comes with variations in pronunciation across the 45 square miles of the island!

Jersey people have always travelled far from their island; some to settle away in places such as Canada, Australia and of course to the United Kingdom. Some stay and some return. As James said the reason Jersey folk travelled was “– partly because of our rules on inheritance, partly because there was money to be made in trade, partly to serve Queen and country in the armed forces, and more recently because the only way to get higher education was to go to the big island to the north of us. Consequently there are numerous people in the UK who have Jersey ancestry somewhere in their past.”

I shall be returning to the subject of Jersey Ancestors and have more from James McLaren from the Channel Islands Family History Society in another post on this site shortly.

Send to Kindle
Posted on

A List of All Known People Living in Medieval Scotland

I’ve been looking around a fantastic new website called: The Paradox of Medieval Scotland at www.poms.ac.uk

As many of my readers will know I have traced my Scots line back to a Norman called William de Haya or de la Haye who was Pincerna, or butler, to the Scots king, Malcolm IV and William the Lion. Well this academic site from the universities of Edinburgh, Glasgow and King’s College London, has allowed me to find biographical references to my illustrious ancestor. There are references to gifts of land and to the spelling of his name in medieval documents. For example I find that he is Willelmo de Haia in one document and that Uilliam is another spelling!

I need to spend a good bit more time on this fascinating site where you can search the database for free by people, original source or by ‘factoids’ that is relationships, titles and transactions in which a name is mentioned.

So why is the website called The Paradox of Medieval Scotland? The answer is because of the complexities of the Anglo-Norman and Celtic strands of the emerging Scots identity in those times.

Send to Kindle