content.churchofjesuschrist.org · author: jay pinara created date: 8/16/2019 2:41:25 pm
TRANSCRIPT
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Breaking Down Brick Walls with the Power of Parish Registers and Associated Sources Celia Heritage Level: Intermediate
Introduction
Parish registers are a vital resource for tracing your family tree before 1837, when civil
registration of births, marriages and deaths in England and Wales was introduced.
Ancestry ProGenealogists’ Celia Heritage will help you plunge the hidden depths of
these records, looking at their strengths and weaknesses, and notably the many
mistakes and omissions that occur. Additionally, Celia will look at ways to tackle these
challenges by using parish registers in tandem with other associated records, such as
non-conformist registers, parish chest records and apprenticeship records as well as
marriage bonds and allegations to help you extend your tree and help find out more
about your ancestors and what their lives were actually like.
What was a Parish?
The Parish was a unit of local administration headed by a clergyman who was
responsible for the moral and physical wellbeing of its inhabitants. By the 14th century
there were about 9,000 parishes in England & Wales and by the 19th century some
12,000. Although primarily responsible for people’s spiritual welfare, the gradual
decline of the manorial system and dissolution of the monasteries meant that by the
later 16th century the parish started taking over many secular functions alongside its
ecclesiastical duties. The 1601 Poor Law Act confirmed the parish as a unit of local
administration. For the genealogist, the records of the parish include not only vital
registers of baptism, marriages and burials but potentially a wealth of other
administration documentation relating to local inhabitants and the running of the
parish on a secular level. These are often known as parish chest records since they
were stored in a large locked chest in the church. Survival rates vary greatly from
parish to parish but these records can often produce vital information about our
families and life they led.
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The Vestry was a more powerful equivalent of today’s local council today and usually
consisted of the more important local inhabitants who made group decisions as to the
running of the parish. Nominally headed by the vicar, the vestry was powerful – and
could make decisions on almost any subject that concerned the parish. It was under
the authority of local Justices of the Peace (JPs) or magistrates who ran the local
quarter and petty session courts and it is always a good idea to also check the records
of these courts in tandem with parish records. These are found at County Record
Offices (CROs) and some are online (Yorkshire, Lancashire and Warwickshire on
Ancestry). The JPs dealt with any disputes between the vestry and the inhabitants or
parishioners not adhering to ‘parish law’, for want of a better word.
In order to carry out the necessary work of administering the parish the vestry needed
the parish officers: churchwarden, overseers of the poor, constables, waywardens and
others. The majority of the parish officers produced records, which were presented to
the vestry at least yearly to check they were in order. It is these that are of great use
to researchers, not just for finding out about ancestors but learning about life in the
parish.
This means of organisation lasted until the Local Government Act of 1894 that
introduced local parish councils. All parish documents, including parish registers, were
stored in the parish chest – now at CROs with a few exceptions where they are still at
the church.
Parish Registers
Understanding the records is key to getting the most from them. There is nothing
difficult about using parish registers in principle but you must search thoroughly and
methodically. There are four significant differences in using parish registers compared
to using birth, marriage and death certificates:
• There is no centralised index for parish registers and therefore, if your family
moved from one parish to another, perhaps some distance away, it will be
harder to locate them. In some cases, you will not be able to find sufficient
evidence to prove categorically that they are the family you are looking for.
• In most cases, entries relating to baptisms, burials and marriages give fewer
details than those in birth, marriage and death certificates. During your initial
research using parish registers you will still be able to make use of details from
https://www.ancestry.co.uk/search/collections/westyorkshirequartersessions/https://www.ancestry.co.uk/search/collections/lancashirequartersession/https://www.ancestry.com/search/collections/warwickshireemployment/
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the census returns and GRO marriage and death records to supplement your
knowledge. You will have a good idea from these records of where and when
your ancestor was born. This will be a great help in locating him in the relevant
parish registers. As you research further back in time and your ancestors have
never appeared in any census returns it will become harder to identify them in
the parish registers. In later modules we will look at how to use other sources
to learn more about your family and find data that will confirm the baptism,
marriage or burial you have found is the right one.
• There was no requirement by law for people to baptise their children, to marry
or be buried in the Church of England although there were certainly
advantages in doing so. Also see Non-conformist Registers below.
Parish Registers – The History
From 1538 every church was supposed to keep a book or a register in which baptisms,
marriages and burials were recorded. Although people had been baptised, married
and buried before this, no regular records had been kept. However, relatively few
registers begin in 1538. Cromwell was unpopular and many clergymen did not follow
his orders. Even where the clergyman did comply, many of these very early records
were lost or damaged because the records were either kept on loose leaves of paper
which were easily mislaid or because the quality of the paper books used for recording
was poor.
It was not until 1597 (under Queen Elizabeth) that new legislation improved record
keeping.
• All parishes must provide a parchment book.
• All existing entries in parish registers should be copied into new parchment
books to ensure the information survived. (Bishops’ Transcripts)
• A very small proportion of the original pre-1597 paper parish registers survive
and where they can be compared with the later parchment copies it is
interesting to note that most contain a fair number of transcription and many
extra details were not copied
• Bishops’ Transcripts usually run Easter- Easter
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The Civil War and Interregnum 1642-1660
• Lack of clergymen – no-one to record entries - initially caused by the ejection of
a great many local clergymen from their parishes because they did not agree
with the religious beliefs of the new Puritan government.
• Many babies went unbaptised and couples might have to travel many miles to
find someone to marry them. Some had to wait for the Restoration to have their
marriages solemnised.
• 1653 – ‘The Parish Register’ – not a book but a locally elected civil official. Civil
registration of births, marriages and deaths. All marriages taking place after 29
September 1653 were to be conducted, not by the vicar, but before a Justice of
the Peace. In some cases, old parish registers used but in many a new book was
used and few survive.
The monarchy was restored in 1660. The Anglican Church was reinstated and the
proper recording of baptisms, burials and marriages recommenced. Many adult
baptisms followed for those who had not been baptised due to the circumstances of
the interregnum while the new king issued a law that legalised all marriages that had
taken place before JPs during the interregnum.
Details in Parish Registers
The amount of detail will vary – partly according to era – but also due to other factors!
Remember that a marriage entry from 1837 onwards contains the same information
as a marriage certificate so this is often a cheaper alternative to buying a certificate.
Before this time there were two major pieces of legislation stating what information
had to be included:
The Marriage Act 1753 - to prevent clandestine marriages
The Marriage Act of 1753 is also known as Hardwicke's Marriage Act.
a. It regularised the format of marriage entries requiring the marital status and
place of residence of both bride and groom to be recorded as well as the names
of at least two witnesses to the marriage
b. Marriage entries had to be kept in separate marriage registers apart from
baptisms and burials and pages had to be numbered
c. It saw the introduction of registers of banns
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All marriages had to take place in Anglican Church (apart from Quakers and Jews) until
1837.
A clandestine marriage was one carried out without the reading of banns or following
the purchase of a marriage licence AND where one or both parties were not legally
resident in the parish of either bride or groom. A good example of this is the so-called
“Fleet Marriages”.
Fleet Marriage Facts
• Marriages that took place in or near the Fleet Debtors' Prison. London. There
are also some entries from other locations such as the King's Bench prison, the
May Fair Chapel and the Mint.
• Performed by ordained clergyman (usually those with no incumbency) so they
were legal but were clandestine marriages
• Beware spurious entries! People might falsify details.
• Online at Ancestry: London, England, Clandestine Marriage and Baptism
Registers, 1667-1754
Rose’s Act 1812 aka ‘An Act for the Better regulating and preserving parish and other
registers of birth and burial ‘
Minimum requirement of information. For baptisms: name of child and parents, date
of baptism, residence, occupation of father and details of who performed ceremony.
For burials: name, abode, date of burial, age, who performed ceremony. Burials and
baptisms had to be separated out into separate registers
Before the legislation Hardwicke and Roses’ Acts of 1753 and 1812 there was no
regulation of the format that parish registers entries should take and of what
information they should include.
Many baptisms for the sixteenth and early seventeenth century only record the
person's name, date of baptism and the name of the child's father (no mention of the
mother). In some cases, even the father's name will not be recorded; just the name of
the child or person being baptised. Burials similarly simply state the name of the
person buried.
https://www.ancestry.com/search/collections/fleetmarriagebap/https://www.ancestry.com/search/collections/fleetmarriagebap/
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Early registers are not always easy to read because of the style of the handwriting
while very early registers may be in Latin. Many will be composite registers – with
entries for marriage, burials and baptisms recorded chronologically as they occurred.
Dade Registers contain significantly more genealogical information than usually found
1770 and 1812. The idea of clergyman William Dade who was ahead of his time! Mainly
found in York, Cheshire, Lancs, Durham, Notts and to a lesser extent Wilts, Devon,
Surrey, Dorset. You will also find so-called ‘Barrington registers’ which do not contain
quite as much detail.
There are far fewer Dade marriage registers because of the stipulations of the 1753
Marriage Act mentioned above.
Mistakes in Parish Registers
Any source is open to error. Registers entries may not have been made up until some
time after the event or may have been made from rough notes, leading to the parish
clerk forgetting the correct details or making copying errors. In rare cases, these errors
might be corrected in the register at a later date but in many cases, they were not. this
can lead to incorrect names for parents or child in baptism entries and similar mistakes
in marriages and burials.
There are other records you should use in tandem with parish registers.
Marriage Banns and Licences – Allegations and Bonds
The majority of people were married after the calling of banns. Details of the couple
to be married were read out on three consecutive weeks in the parish church of the
parish or parishes where bride and groom were resident. Before 25 March 1754 no
records were kept of the calling of banns but from this date they had to be kept by
law. If you fail to find a marriage for your ancestors in the parish where you expect it
to be, checking the banns registers for that parish should give you details of their
intended spouse and where he or she came from. A search of that parish is likely to
lead to the marriage entry. Most parishes kept a separate register book for banns but
others recorded the banns alongside the ensuing marriage details. In the latter case,
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the marriage details should be given even if the marriage took place in the spouse's
parish.
In some cases, either bride or groom might take up residence in the same parish as his
or her intended spouse to save money in having the banns called two separate
parishes. This can be misleading for the researcher trying to trace the home parish of
an ancestor.
The main advantage of marrying by licence was that it was quicker and more private.
It was more expensive to marry by licence, so marriage by licence in many cases
indicates a better-off family. Application for a marriage licence could be made to one
of several church authorities depending on where the bride and groom lived. If they
both lived in the same diocese, application would usually be made to chancellor of the
diocese or his surrogate (substitute). If the couple lived in different dioceses then
application had to be made to the Vicar General of the ecclesiastical province which
covered both dioceses. E.g. York or Canterbury. The Vicar General was the bishop’s
principal administrative deputy. In the rare event that the couple lived in separate
provinces then application had to be made to the Master of Faculties of the
Archbishop of Canterbury. If the couple wished for some reason to marry in a diocese
in which neither live, a special licence was required from either the Faculty Office of
Canterbury, the Registry of York of the Vicar General of Canterbury.
The marriage licence itself rarely survives, having been handed to the vicar on the day
of marriage. What frequently survive, however, are the accompanying marriage
allegation and marriage bond.
The marriage allegation consists of a written statement from one of the parties
(usually the groom) swearing that there was no legal impediment to the marriage.
Where bride or groom was under the age of 21 parental consent was required too.
Marriage allegations will give the names, ages and places of residence of both parties
and details of the bride or groom's father or mother where one or both parties were
under 21. This is useful for identifying a year of birth as this will not usually be on the
marriage entry.
They also record the groom's occupation and that of the father where he is recorded.
They may also note the church where the marriage was to take place although it does
not necessarily follow that the marriage did take place in that particular church.
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You may also find a marriage bond. Required between 1779 and 1823, the bond
involved both the groom and another person signing an agreement that they would
forfeit a large sum of money to the church if the marriage proved to be invalid. Bonds
can be useful where another family member is the bondsman.
Locating Marriage Allegations and Bonds
In most cases these records will be held at the county record office that holds diocesan
records (the same record office where you will find Bishops' Transcripts for the area).
Where the licence was granted by the Vicar General or the Faculty Office of the
Archbishop of Canterbury, records will be at the Lambeth Palace Library, see further
details here.
From 1754 you will know if a marriage was by licence because it will state this in the
marriage register. Before this date you will have to make a speculative search of the
records just in case the marriage was by licence.
There are many printed indexes available (the Society of Genealogists in London has a
good collection) and a these make useful finding aids while some of these records are
also now coming online. There are also a growing number on line e.g. Ancestry has
allegations for London, Yorkshire, Somerset and Durham.
Finally, if you find a record of a marriage licence but no marriage remember that the
issuing of a licence did not necessarily mean the marriage went ahead.
Locating parish registers
FamilySearch Wiki will tell you which are available online and on which websites. It’s
not totally up to date but a good start. You need to search each parish individually.
Phillimore’s Atlas (The Phillimore Atlas and Index of Parish Registers (None) Hardcover
– 1 Dec 2002 by Cecil R. Humphery-Smith) and GENUKI will also be helpful for locating
parishes and survival dates of registers.
http://www.lambethpalacelibrary.org/content/cerchttps://www.ancestry.co.uk/search/collections/surreymarriage/https://www.ancestry.co.uk/search/collections/fs1engyorksallertonmarriagebond/https://www.ancestry.co.uk/search/collections/somersetparishmarriages/https://www.ancestry.com/search/collections/fs1engdurhamdiocesemarriage/https://familysearch.org/learn/wiki/en/Main_Pagehttps://www.genuki.org.uk/
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Non-conformist Registers
Many of our ancestors were members of a non-conformist church rather than the
church of England. The term 'non-conformist' refers to protestant churches that set
up independently, or broke away entirely, from the established Church of England
from the 1660s onwards. It includes, among others, the Society of Friends (Quakers),
Presbyterians, Methodists, Baptists and Congregationalists. If you can’t find a baptism,
non-conformist registers are the next place to look. Note that between 1754 and 1837
marriages were only valid if carried out via a Church of England, with the exception if
your ancestors were Quakers or Jews. So you may find their marriage in the parish
register but the baptisms of children in non-conformist registers.
While some non-conformist registers do not survive nearly all those that do are online. See England & Wales, Non-Conformist and Non-Parochial Registers, 1567-1970
Parish Chest Records
Held by County Record Offices. Search Record Office Catalogues to identify these.
Some now online.
Churchwardens and their records
Churchwardens main responsibility was the upkeep of the church but they also had a
host of other commitments, often in tandem with the overseers of the poor. It was the
churchwarden’s place to keep an eye on the parishioners and the clergy and to report
any suspected misdemeanours e.g. those not attending the parish church or acting
immorally. The churchwarden would “present” these people at the ecclesiastical court
during one of the bishop or archdeacons’ victimisations. Therefore many Catholics or
non-conformists may be found. (Records often at County Record Offices – these are
Diocesan records so you need to check with the record office if it has them –
occasionally they are held elsewhere).
Churchwardens’ Accounts: The Churchwardens also kept records relating to the
running and upkeep of the church and these may predate the parish registers for the
parish you are interested in by several centuries, as there has always been a
requirement for them to be kept. However, survival rates are fairly low and most tend
to date from the late sixteenth century onwards. The records of the churchwarden
were extremely varied but one of the main features is the financial expenditure and
https://www.ancestry.com/search/collections/uknonconformistvitals/
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income. You may also find details of payments for burials, which can be used as a
substitute for the burial register if necessary.
Also contains records relating to setting and collecting of church rates. Use as census
substitutes! Some now coming on line e.g. Churchwardens' Accounts of Cratfield,
1640-1660
The Overseers of the Poor
Nominated by the Vestry and appointed by JPs. The position was created by an act of
1572, and the 1601 Poor Law act defined it further. The overseer was responsible for
assessing the needs of those poor people and deciding who was legitimately entitled
to relief by the parish because they were legally settled there. Overseers also
responsible for collecting the poor rate.
Overseers’ accounts are usually meticulous in detail and a series of these accounts can
provide a very full account of day-to-day life in parish especially of your poor ancestors.
Poor Relief before 1834
Before the Reformation and the dissolution of the monasteries under Henry VIII the
monasteries had provided relief to the poor. The Lord of the Manor also had an
obligation to his poor tenants but the dissolution of the monasteries and the gradual
disintegration of the manorial system created a void in terms of looking after the poor.
The parish began to assume many other manorial responsibilities including
responsibility for the poor.
Before 1834 there was mainly a system of outdoor relief - but other ways of dealing
with the poor too: don’t presume workhouses were an invention of the 1834 Poor Law
- there were also local Poorhouses or workhouses in some parishes where the able-
bodied poor were set to work, or that were used to house those who had no-where
else to go. From 1782 Gilbert’s Act, meant that parishes could unite to build a
workhouse and could refuse out relief if most parishioners thought it was a good idea.
These workhouses were to house the aged or infirm and children with no homes. The
able-bodied had to be found work and could not be admitted.
https://www.ancestry.com/search/collections/cratfield-1640-60/https://www.ancestry.com/search/collections/cratfield-1640-60/
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Settlement
Settlement related to the parish that had legal responsibility to look after a person if
they needed poor relief. Various acts of parliament dealt with settlement and how it
could be gained.
• Great Elizabethan Poor Law Act 1601: Only supposed to be a temporary
measure for one year but instead formed the basis of social and poor law
legislation for over the next 200 years. Settlement was originally based on
someone’s place of birth but it was later recognised that his could be too
restricting and even counter-productive so further legislation was passed in
1662 to introduce new categories and criteria for settlement.
• The Settlement Act of 1662 allowed a stranger to be removed from a parish if
he did not pay £10 rent or more, or could not indemnify himself against any
parish expense on his behalf. Temporary visitors to the parish had to provide a
certificate from their own parish stating that they would be received back to
their home parish if they need parish relief.
By 1691 new settlement could be gained in various ways including the following:
• Apprenticeship - gain master's settlement
• Paying £10 rent or more a year and paying your parish rates
• Working as a parish officer
• If unmarried, working continually for one year in the parish
• For a woman - on marriage took husband's settlement
• Legitimate children took father's settlement
• Illegitimate children took their place of birth as place of settlement. From 1743
those born to a mother convicted of vagrancy were to take the mother’s
settlement. From 1834 all bastards took mother’s place of settlement.
Both the issue of settlement and the parish’s responsibility for people who were likely
to be poor, e.g. bastards and orphans, resulted in the production of several types of
records which have great potential for researchers; settlement certificates,
examinations, removal orders, bastardy documents and apprenticeship indentures. All
provide potential information which we not be found in any other source.
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Settlement examinations
These are the most informative of all the poor law records you will use. The examinee
was required to give evidence of how his legal settlement had been gained. This
information was often supplemented by extra information of great value to family
historians.
Settlement certificates.
Provided by home parish so a person could seek employment in another parish.
Guaranteed home parish would provide for person if necessary.
Removal Orders.
Removal orders had to be signed by two JPs and two copies were made: one for each
parish concerned. A child who was older than seven could be separated from his or
her mother if they had different places of settlement. This could happen if the mother
had remarried.
Bastardy documents.
Bastardy examinations, bonds and warrants:
The single mother would be questioned by the overseers and churchwardens
regarding the circumstances of her pregnancy! They can provide a lot of information
and can be a godsend for those of us who have illegitimate ancestors. The father was
then approached for the money and might sign a bond agreeing to maintain the child.
If he absconded a bastardy warrant would be issued giving his name, place of
residence and often occupation. Warrants were also issue if the father did not keep
up payments.
The 1834 New Poor Law moved towards a system of ‘indoor relief’ providing for the
poor only in the workhouse. Or that was the theory. In practise, it was not as
straightforward as this. In the north of England the change was much slower to take
place. Poor relief organised according to Poor Law Unions (these covered an area of
about 20 miles) rather than the parish. From this time power in terms of the poor
gradually transferred from the Overseers to the Guardian of the Poor and the local
union so these are not usually included in parish chest records. The concept of
settlement still applied but removals took place from union to union rather than
between parishes. The system continued into the early 20th century.
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Register of Duties Paid for Apprentices' Indentures, 1710-1811 Records produced in association with apprenticeships can be extremely beneficial to
the family historian especially between 1550 and early 1752 and then to a lesser extent
up to the mid-19th century. Before this period a man or woman needed to have
completed an apprenticeship and to be a member of one of the town guilds in order
to trade in a town. In cities, this often went hand-in–hand with becoming what was
known as Freeman of the City.
Many people from rural areas would have travelled long distances from the place they
were born into towns to take up apprenticeships and then settled there. As a
researcher, you may have no idea where they originally came from and this can lead
to a brick wall. These records can reveal that place of origin and lead you to your
ancestor’s baptism.
Good starting place is the centralized registers of Stamp Duty Apprentice
• Record Stamp Duty levied 1710-1804 on masters for each apprentice
• Give details of apprentice and master and up to 1750 usually the place of origin
of the apprentice and often the name of his father
• Cover the years 1710-1811. The deadline for payment was one year after the
expiry of the indenture
Who won’t you find in the Stamp Duty Registers you might expect to?
• The original legislation regarding apprenticeships passed in 1563 applied only
to trades in existence at the time. So, this did not include, for example, cotton
workers. Hard to enforce in rural areas – but boys migrated into towns.
• By the 18th century apprenticeships were increasingly undertaken without any
formal indenture. In many trades, it was expected that men would bring up
their sons or nephews to the trade.
• Masters did not have to pay stamp duty on the indentures of apprenticeships
arranged by the parish for poor children.
• Duty did not apply in Ireland
• A few of the stamp duty registers are missing
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Further Reading
• Marriage Law for Genealogists, Rebecca Probert, pub. 2012 Takeaway Books
• The Compleat Parish Officer, pub. Wiltshire Family History Society
• The Parish Chest, W E Tate
• My Ancestor was a Bastard, Ruth Paley, pub. Society of Genealogists
• Annals of the Poor, Eve McLaughlin
• The Poor are Always with Us, Eve McLaughlin
• Quarter Session Records for Family Historians, a select list, Jeremy Gibson, pub.
FFHS (Federation of Family History Societies).
• Bishops' Transcripts and Marriage Licences, Bonds and Allegations, Jeremy
Gibson, pub. FFHS
• Tracing Your Ancestors Through Death Records, Celia Heritage, pub. Pen and
Sword, 2013
• Birth, Marriage and Death records, David Annal and Audrey Collins, pub. Pen
and Sword