Tag: law

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What Did Your Ancestors Do?

When we consciously decide to do Family history, as opposed to Genealogy, we set out to flesh out our ancestors lives a bit. We do this by seeking to understand what they did for a living, what the environment in which they lived and worked in was like and the social conditions that prevailed on them at the time.

My Devon ancestors are a mixture of Agricultural Labourers, Mariners, Small Businessmen and the like. Their work is very often dictated by where they lived. The countryside dwellers in and around Bigbury and South Huish worked on the land. Those that inhabited Dartmouth made a living on the river and at sea while those from Plymouth ran shops and small businesses. Not surprisingly none of them were coal miners or textile mill workers.

At the Society of Genealogists (SoG), in London, there is a good amount of material to help family historians research ancestors occupations and much of it is to be found in the Upper library at 14 Charterhouse Buildings. Although not all the material is exclusively on that floor, it is a good place to start as Else Churchill, the Genealogist at The Society of Genealogists pointed out in a talk I attended there last year.

With the “Ag Labs”, as we have come to call our Agricultural Labourers after the 1841 census introduced this shorthand way of describing them, there is a book that can be purchased from the SoG shop called My Ancestor Was an An Agricultural Labourer which explains what their lives were like and points the reader towards some source material that could be used apart from the census data.

Returning to the question in the headline of this article: What Did Your Ancestors Do? Finding the answer to this question will probably depend on what status they were and what and when they carried out their trade, profession or calling.

As some professions and crafts became more regulated then lists of those qualified to make a living from the activity will have thrown up records. Family historians can have recourse to Trade Directories, Apprenticeship lists and so on to try and find their forebears. Professional men, such as Medical men and Lawyers are going to be better documented than others. The SoG have extremely good runs of lists for these professions as well as those, such as Chemists and Apothecaries, who modelled their professional standards on the former class of practitioners, with the sanction of being struck off from the register to practice.

The Law list’s at the SoG include Barristers, London Attorneys and Provincial Attorneys back into the eighteenth century. The medical directories only really start in the 1850’s with the formal registration of these professions but I did find in their catalogue A directory of English country physicians 1603-43.

Men who were Officers in the Army or Navy can be found in the run of military lists on the upper library floor along with a great collection of Regimental Histories and Medal Rolls.

Some enlisted men can be located by using the Findmypast Chelsea Pensioner 1760 to 1913 data set and the Militia Service Records 1806-1915. Look in the county record office for the Ballot Lists of those men eligible to serve in the local militia from the 1750’s to Napoleonic times (1799 to 1815).

What if your ancestor went into trade by serving an apprenticeship? Else Churchill, explained that apprenticeship records are better documented before 1800 than after. A tax levied in the 18th century caused records to be kept and they are to be found today at the National Archives IR1 series and they are indexed by the SoG and can be found in books in the upper library. Another database is on Ancestry. The SoG has another excellent book called My Ancestor was an Apprentice which may help.

If your ancestors served an apprenticeship in one of the larger towns, or boroughs, in order to become a freeman and gain the entitlement to vote, then look for the records for the town/borough at the county record office. Ms Churchill pointed out that the more likely scenario would be that your ancestor would have served their apprenticeship within a family and there would be no record as the tax was not applicable within a family apprenticeship.

A possible record that may be found is where a child is apprenticed by the parish to make them less of a burden on the parish. Typically the age of the apprentice is much younger (7 or 8yrs old) and husbandry or housewifery. If the records survive they will be in the Parish Chest material.

This is only a short look at this subject and I will return to it in a further article here.

Take your family history further by considering a subscription to these websites:

 

The Genealogist - UK census, BMDs and more online



Disclosure: The Links in the above are Compensated Affiliate links. If you click on them then I may be rewarded by Findmypast.co.uk or The Genealogist.co.uk should you sign up for their subscriptions.

 

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Map tool at FamilySearch.org is great for family historians.

maps.familysearch.orgI’ve been using a great map tool at the LDS site, familysearch.org, this weekend and I have to say it has proved to be really useful so far. My attention was drawn to it by an article in this month’s Who Do You Think Tou Are? Magazine (Issue 59, April 2012) dealing with 50 Ways to get more from FamilySearch.org.

Tip number 7 is Explore Maps of English Jurisdictions. The idea is to see several types of jurisdictional boundaries, such as parish boundaries, poor law unions, counties, diocese and more on a map tool on your screen. By using different layers you are able to see the borders of each superimposed on to a Google map, or click to see Satellite or an 1851 Ordnance Survey Map instead.

I found using the “Radius Place Search” one of the most useful features in my quest this week. It is interesting to find out how far away from the parish, where my ancestors lived at one time, were the other Parishes in the area. I could specify 1/4 mile, 1/2 mile, 1, 5, 10 miles, or 20 miles radius to plot those within walking, or perhaps horse riding distance from the first.

I was using this tool to look at a line of forebears who suddenly turn up in one town and feature for a few generations, in the registers of the parish. My investigation is now to find out whether they moved in from the surrounding countryside and so I can specify a start parish and then, using the information box that appears on the map, then select the tab called “Options”.

Next I selected “Radius Place Search”. I was then able to select, from a drop-down menu, the various distances from between 1/4 mile to 20 miles and be provided with a list of parishes that fitted the criteria. I also made sure that I had selected the Parish and County options from the “Layers” tab on the left hand side. This, so that I could see the jurisdiction’s borders marked on the map.

By now selecting the tab “List” I could hover my cursor over the named parish and a pin would appear on the map at the place marking the parish. By changing the map from a modern Google map to the 1851 Ordnance Survey I was able to find a hamlet or area name that was of interest to my family and then go on to find the nearest parish to it that was within walking distance.

This is a really useful tool and the best thing is that it is FREE!

Go to http://maps.familysearch.org and try it yourself.

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Medieval Genealogy Difficulties

If we are to go back before the start of Parish Records being kept, in England that would be the year 1538, then no official records will have been complied on who was born, married or died in the country. It may have been the case that the priest in charge of a parish kept notes of what was happening in his church, but there was no official or standard form that they would have been kept in.

Records for the landowning members of society are much more likely to have been compiled than for the poorer classes of England. That said, however, records of people from the time do exist in the form of documents complied for other purposes rather than to detail the life events of a particular person.

Many of the records that have survived were produced for the Exchequer, Chancery and the law courts, or they relate to the land laws of the country.

A problem, for us in the twenty first century looking back, is that these records from medieval time are most often written in Latin and an abbreviated form at that.  English began to be used from the late fifteenth century in more informal documents, but even so we are then faced with the old handwriting of the era and so it is not such an easy task.

The National Archives website has some useful tools in the form of online in-depth learning guides. These can also help you learn basic Latin skills useful for tackling the documents that you may come across. See the Beginners’ Latin and Palaeography guides.

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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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Tracing Your Channel Islands Ancestors.

"Tracing Your Channel Island Ancestors" Book
Tracing Your Channel Island Ancestors

If you are trying to research your family tree in Jersey, Guernsey, Alderney, Sark or Herm then you’ll be pleased to know that Pen & Sword Books have brought out a useful paperback called: Tracing Your Channel Islands Ancestors. Marie-Louise Backhurst has written an expert introduction for the family historian tracing forebears from these islands which, while not part of the United Kingdom owe alligiance to the English Crown. Indeed, the author refers to them as being officially “Islands in the British Seas”.

 

For those who need to trace their family history within these self-governing smaller British Isles, where the laws and customs are sometimes very different from the “mainland”, then this work will point you to the wealth of material available to researchers in libraries and archives in Jersey, Guernsey, Alderney and Sark. As an example, civil birth, marriage and death records are different in format from those in England and Wales. The family history researcher will also find that they are only available in the islands themselves and the book gives the reader full information on how to gain access to them.

 

Marie-Louise Backhurst sets out to cover the census data, church records, nonconformist registers, rating lists, newspapers, wills and inheritance, official records, as well as a variety of other sources which can help top flesh out a Channel Island ancestor’s life. As migration has played a large part in the history of the Channel Islands the details of these records are fully explained within its pages.

 

This authoritative and easy-to-use guide to these collections, and the author’s advice on how to use them and get the most out of them, will be invaluable to anyone who is trying to find out about the life and experience of an ancestor who lived in the Channel Islands, or was connected with the. Available from The Printed Word Bookshop and all good bookshops

 

 

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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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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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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.

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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.

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