New England Record Keeping

Unlike most of the United States, the six New England states require a different strategy for researching court records. Although the government and judicial structure have seen reorganization in the latter part of the twentieth century through the present time, we are generally safe in regarding the following jurisdictions while searching for records of our New England ancestors:

Vital Records—the town

Probate Records

Rhode Island—the town
Connecticut and Vermont—districts
Maine, Massachusetts and New Hampshire—the county

Estate Records

Connecticut, Rhode Island and Vermont—the town
Maine, Massachusetts and New Hampshire—the county

New England towns exercise a great deal of autonomy. The town government is generally the jurisdiction of the town and the citizens met in town meetings. The town officials were charged to carry out the mandates of the town. Town officials included selectmen or councilmen, school board, constables, surveyors of highways, tax collectors, etc.—students will recognize these officials act under the direction of the county in other states. As far as we are concerned one of the most important positions was that of town clerk. The town clerk kept the town records.

Town Records

Fence Viewers, Surveyor’s, Jurors...

Town records in New England^[1] require careful attention and special study if we have New England ancestors. As we’ve seen, the towns had jurisdiction of numerous agencies and smaller courts. That is not to say that New England doesn’t have county government and records, it does; however, some states also have district courts instead of or in addition to. Courts often sat for ordinary purposes and those courts, selectmen, commissioners, etc., recorded myriad records. If we read the town records of Salisbury, New Hampshire, for example, we will find records of the proprietors of the tract of land called Major Steven’s Town-later Stevenstown (1761) and now Salisbury (1768 to present); other proprietors records; surveyors reports; minutes; accounts; ear markings; church records; some vital records; tax accounts; reports of fence viewers; lists of town officials; calls to town meetings; etc.

Just about every account involves citizens of the town and their neighbors.

On 16 October 1797, the selectmen (Reuben True and Moses Fellows) of Salisbury, New Hampshire, “... hereby approbate of Capt. John C. Gales for keeping a Publick House in sd Town he being a proper Person for the same”.^[2]

In March 1829, the Selectmen received the following letter (invoice).^[3]

Salisbury, March 26, 1829

To the Selectmen of Salisbury

Gentlemen.

Pay to Nathaniel Webster, on order thirty-dollars in full of the damage awarded last year by the Selectmen to Eliphalet Emery for widening the road by Bohonan farm.

Signed for Eliphalet Emery by his attorney, Park Noyes

Some towns have published annual reports which will include a summary of the fiscal year’s financial affairs, school board, vital records, etc. These are sometimes found in local libraries and historical societies.

Finding Aids to New England Town Records

A card index to the New Hampshire Town records (commonly called the Sergant Index) is available at the New Hampshire State Library and microfilm of the index is also available at the FamilySearch Library.

Although all of New England’s town records have not been filmed, consult the FamilySearch Catalogue (search by name of the town and state) to determine what microfilm is available. Be aware (or should I say beware) that the Town Clerk’s office in smaller towns will often be in the home of that local official and we will not be afforded ready access to many of the records.

Two sources New England researchers need in their libraries are:

Melnyk, Marcia D. Genealogist’s Handbook for New England. Boston: New England Historic Genealogical Society, 1999.

Lainhart, Ann Smith. Digging for Genealogical Treasure in New England Town Records. Boston: New England Historic Genealogical Society, 1996.

References

↑ A valuable resource is Marcia D. Melnyk, Genealogist's Handbook for New England (Boston: New England Historic Genealogical Society, 1999).
↑ Town Records, 1749-1845, page 608, Town Clerk's Office, Salisbury, New Hampshire; FamilySearch Library FS Library film 0015305.
↑ Ibid., 278.

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Information in this Wiki page is excerpted from the online course US Court Records

offered by The International Institute of Genealogical Studies. To learn more about this course or other courses available from the Institute, see our website. We can be contacted at wiki@genealogicalstudies.com

We welcome updates and additions to this Wiki page.

[1] A valuable resource is Marcia D. Melnyk, Genealogist's Handbook for New England (Boston: New England Historic Genealogical Society, 1999).

[2] Town Records, 1749-1845, page 608, Town Clerk's Office, Salisbury, New Hampshire; FamilySearch Library FS Library film 0015305.

[3] Ibid., 278.

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The original content for this article was contributed by The International Institute of Genealogical Studies in November 2013. It is an excerpt from their course US Court Records by C. Ann Staley, CG. The Institute offers over 200 comprehensive genealogy courses for a fee ($).