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England Court Records: Difference between revisions
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Most researchers use court records after they have investigated other records. Court records tend to be difficult to use since few are indexed, the handwriting is hard to read, and they include unfamiliar legal terms. To interpret court records, you may need to consult a dictionary. | Most researchers use court records after they have investigated other records. Court records tend to be difficult to use since few are indexed, the handwriting is hard to read, and they include unfamiliar legal terms. To interpret court records, you may need to consult a dictionary. | ||
There are many English courts. Those described here (except for the Chancery Court and the Court of the Exchequer) generally pertain to the poorer classes. If your ancestor was wealthy, search the records described in the "[[England Land and Property|Land and Property]]" | There are many English courts. Those described here (except for the Chancery Court and the Court of the Exchequer) generally pertain to the poorer classes. If your ancestor was wealthy, search the records described in the "[[England Land and Property|Land and Property]]" article. | ||
=== Quarter Session Courts === | === Quarter Session Courts === | ||
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A more detailed discussion of these records is in: | A more detailed discussion of these records is in: | ||
Emmison, F. G., and Irvine Gray. ''County Records''. Revised Edition. London, England: The Historical Association, 1973. (Family History Library book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=210071&disp=County+records%20%20&columns=*,0,0 942 H2ha no. 62 1973].) | *Emmison, F. G., and Irvine Gray. ''County Records''. Revised Edition. London, England: The Historical Association, 1973. (Family History Library book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=210071&disp=County+records%20%20&columns=*,0,0 942 H2ha no. 62 1973].) | ||
A list of available records is in: | A list of available records is in: | ||
Gibson, J. S. W. ''Quarter Session Records for Family Historians: A Select List''. Third Edition. Birmingham, England: Federation of Family History Societies Publications, Ltd., 1992. (Family History Library book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=560274&disp=Quarter+sessions+records+for+family+hist%20%20&columns=*,0,0 942 P23gjs 1992].) | *Gibson, J. S. W. ''Quarter Session Records for Family Historians: A Select List''. Third Edition. Birmingham, England: Federation of Family History Societies Publications, Ltd., 1992. (Family History Library book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=560274&disp=Quarter+sessions+records+for+family+hist%20%20&columns=*,0,0 942 P23gjs 1992].) | ||
The original records are in the respective county record offices. Copies of some Quarter Session records are in the Family History Library. They are listed in the Place Search of the Family History Library Catalog under: | The original records are in the respective county record offices. Copies of some Quarter Session records are in the Family History Library. They are listed in the Place Search of the [http://www.familysearch.org/eng/Library/FHLC/frameset_fhlc.asp Family History Library Catalog] under: | ||
[COUNTY] - ENGLAND - COURT RECORDS | |||
=== Manorial Courts === | === Manorial Courts === | ||
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ENGLAND - COURT RECORDS | ENGLAND - COURT RECORDS | ||
[COUNTY] - | [COUNTY] - ENGLAND - COURT RECORDS | ||
[PARISH] - [COUNTY] - COURT RECORDS | [PARISH] - [COUNTY] - COURT RECORDS | ||
[MANOR] - | [MANOR] - [COUNTY] - COURT RECORDS | ||
==== Bibliography ==== | ==== Bibliography ==== | ||
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More detail is given in: | More detail is given in: | ||
Park, Peter B. ''My Ancestors Were Manorial Tenants: How Can I Find Out More About Them?'' London, England: Society of Genealogists, 1994. (Family History Library book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=682381&disp=My+ancestors+were+manorial+tenants%20%20&columns=*,0,0 942 D27pp].) | *Park, Peter B. ''My Ancestors Were Manorial Tenants: How Can I Find Out More About Them?'' London, England: Society of Genealogists, 1994. (Family History Library book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=682381&disp=My+ancestors+were+manorial+tenants%20%20&columns=*,0,0 942 D27pp].) | ||
*Ellis, Mary. ''Using Manorial Records.'' London, England: PRO Publications in association with The Royal Commission on Historical Manuscripts, 1994. (Family History Library book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=823863&disp=Using+manorial+records%20%20&columns=*,0,0 942 J77e].) | |||
Ellis, Mary. ''Using Manorial Records.'' London, England: PRO Publications in association with The Royal Commission on Historical Manuscripts, 1994. (Family History Library book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=823863&disp=Using+manorial+records%20%20&columns=*,0,0 942 J77e].) | |||
=== Assize Courts === | === Assize Courts === | ||
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=== Chancery Court === | === Chancery Court === | ||
What is a Chancery? A simple definition says "Chancery Proceedings record disputes over inheritance, land, debts, etc., from the fourteenth to the nineteenth centuries"(Gibbons). FitzHugh states, "Chancery as a court of law dates from about 1348. It was a court of equity based on Roman Law to deal with cases for which the Common Law made no provision, and later with cases remediable under Common Law but in which the plaintiff would have found himself under a legal disadvantage. It was absorbed into the Supreme Court of Judicature in 1873"(FitzHugh, 65) | What is a Chancery? A simple definition says "Chancery Proceedings record disputes over inheritance, land, debts, etc., from the fourteenth to the nineteenth centuries" (Gibbons). FitzHugh states, "Chancery as a court of law dates from about 1348. It was a court of equity based on Roman Law to deal with cases for which the Common Law made no provision, and later with cases remediable under Common Law but in which the plaintiff would have found himself under a legal disadvantage. It was absorbed into the Supreme Court of Judicature in 1873" (FitzHugh, 65) | ||
Read more about [[England Chancery Court Records|Chancery Court Records]]. | Read more about [[England Chancery Court Records|Chancery Court Records]]. | ||
=== Court of the Exchequer === | === Court of the Exchequer === | ||
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These courts helped regulate religious affairs. The records are in the respective county record office or diocesan archive in England. | These courts helped regulate religious affairs. The records are in the respective county record office or diocesan archive in England. | ||
Other court records are: | Other court records are:<br> | ||
*Probate records, discussed in the "[[England Probate Records|Probate Records]]" section of this outline. | *Probate records, discussed in the "[[England Probate Records|Probate Records]]" section of this outline. | ||
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''' '''“Although no exact date can be given, it is believed that the Middle Temple and the remaining three Inns of Court were established by the middle of the 14th Century. The Inn's name derives from the Knights Templar who were in the possession of the Temple site for some 150 years. The origins of the Inn can be traced from two roots: the occupation of the Knights Templar and the replacement of the priestly lawyers by a lay profession.” | ''' '''“Although no exact date can be given, it is believed that the Middle Temple and the remaining three Inns of Court were established by the middle of the 14th Century. The Inn's name derives from the Knights Templar who were in the possession of the Temple site for some 150 years. The origins of the Inn can be traced from two roots: the occupation of the Knights Templar and the replacement of the priestly lawyers by a lay profession.” | ||
For a list of admissions to the Middle Temple, London, see: | For a list of admissions to the Middle Temple, London, see: | ||
Source: Middle Temple History, http://www.middletemple.org.uk/the_inn/History | *Sturgess, H. A. C. ''Register of admissions to the Honourable Society of the Middle Temple, from the fifteenth century to the year 1944''. 3 volumes. London: Honourable Society of the Middle Temple, 1949. Volume 1, 1501-1781; volume 2, 1782-1909; volume 3, 1910-1944. (FHL call no. British 942.1/L1 C4st vol. 1-3 and on FHL microfilms Vols. 1-2 on 873,850, items 1-2 and Vol. 3 on 873,851, item 1). | ||
'''Source:''' Middle Temple History, http://www.middletemple.org.uk/the_inn/History | |||
==== '''Lincoln’s Inn, London ''' ==== | ==== '''Lincoln’s Inn, London ''' ==== | ||
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The Honourable Society of Lincoln's Inn is said to take its name from Henry de Lacy, third Earl of Lincoln, who died in 1311. His own great house was adjacent and he is credited with being the Society's patron. Although the other three Inns of Court are of comparable antiquity, having evolved from uncertain origins in the fourteenth century, Lincoln's Inn can claim the oldest extant records, the Black Books, which record its principal activities from 1422 to this day. | The Honourable Society of Lincoln's Inn is said to take its name from Henry de Lacy, third Earl of Lincoln, who died in 1311. His own great house was adjacent and he is credited with being the Society's patron. Although the other three Inns of Court are of comparable antiquity, having evolved from uncertain origins in the fourteenth century, Lincoln's Inn can claim the oldest extant records, the Black Books, which record its principal activities from 1422 to this day. | ||
*''The Records of the Honourable Society of Lincoln’s Inn; vol. 1 from 1420 to 1799, vol. II admissions from 1800 to 1893 and chapel registers''. London: Lincoln’s Inn, 1896-1902. FHL microfilm (only) volumes 1 (1422-1586) and 2 (1586-1660) 845,175 and volumes 3 (1660-1775) and 4 (1776-1845 with calls to the bar) 845,176. | |||
==== '''Gray’s Inn, London ''' ==== | ==== '''Gray’s Inn, London ''' ==== | ||
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It is clear that Gray’s Inn was in existence as early as 1388 since that is the first record of members graduating as Serjeants-at-law. “Between 1680 and 1687 there were three disastrous fires in Gray's Inn. That of 1684 was particularly grievous for it burnt the Library, which was then on the present site of No 1 Gray's Inn Square, and that is probably when [the] ancient records were lost.” | It is clear that Gray’s Inn was in existence as early as 1388 since that is the first record of members graduating as Serjeants-at-law. “Between 1680 and 1687 there were three disastrous fires in Gray's Inn. That of 1684 was particularly grievous for it burnt the Library, which was then on the present site of No 1 Gray's Inn Square, and that is probably when [the] ancient records were lost.” | ||
For a list of admissions to Gray’s Inn, see: Foster, J. ''The Register of Admissions to Gray’s Inn 1521-1889 together with the marriages in Gray’s Inn Chapel 1695-1754''. London: Hansard Publishing Union, 1889. FHL British 942.1/G1 K29f and FHL microfilm 844,906, item 1; second microfilm copy 1,696,584, item 3. | For a list of admissions to Gray’s Inn, see: | ||
*Foster, J. ''The Register of Admissions to Gray’s Inn 1521-1889 together with the marriages in Gray’s Inn Chapel 1695-1754''. London: Hansard Publishing Union, 1889. FHL British 942.1/G1 K29f and FHL microfilm 844,906, item 1; second microfilm copy 1,696,584, item 3. | |||
Source: Gray’s Inn, http://www.graysinn.info/index | '''Source:''' Gray’s Inn, http://www.graysinn.info/index | ||
==== '''The Inner Temple, London''' ==== | ==== '''The Inner Temple, London''' ==== | ||
“The history of the Temple begins soon after the middle of the twelfth century, when a contingent of knights of the Military Order of the Temple of Solomon in Jerusalem moved from the Old Temple in Holborn (later Southampton House) to a larger site between Fleet Street and the banks of the River Thames. The new site originally included much of what is now Lincoln's Inn, and the knights were probably responsible for establishing New Street (later Chancery Lane), which led from Holborn down to their new quarters.” <br> | |||
*''Students admitted to the Inner Temple 1547-1660.'' London: Inner Temple, 1877. The registers for the later years are only available at the Inner Temple. The FHL does not have copies of the published register for 1547-1660. | |||
Source: Inner Temple Library, http://www.innertemplelibrary.org.uk/temple-history/inner-temple-history-introduction-part-1.htm | '''Source:''' Inner Temple Library, http://www.innertemplelibrary.org.uk/temple-history/inner-temple-history-introduction-part-1.htm | ||
==== '''Inns of Chancery''' ==== | ==== '''Inns of Chancery''' ==== | ||
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There were a number of Inns of Chancery associated with the principle inns named above. Students admitted to these Inns might become solicitors or proctors, however, many may also be found in the records of the Inns of Court where they were trained to become barristers. By the year 1900, the last of these Inns, i.e. Clement’s Inn, had closed. Admission registers are available for some of the Inns. | There were a number of Inns of Chancery associated with the principle inns named above. Students admitted to these Inns might become solicitors or proctors, however, many may also be found in the records of the Inns of Court where they were trained to become barristers. By the year 1900, the last of these Inns, i.e. Clement’s Inn, had closed. Admission registers are available for some of the Inns. | ||
Associated with Lincoln’s Inn were Thavy’s Inn and Furnivall’s Inn; Inner Temple were Clifford’s Inn, Clement’s Inn, and Lyon’s Inn; Middle Temple were New Inn and Strand Inn; and Gray’s Inn were Staple Inn and Barnard’s Inn. <br>Source: Holdsworth, Sir William, ''A History of English Law'', 3 volumes. (London: Methuen & Co., Ltd., Sweet and Maxwell) 2: 498. | Associated with Lincoln’s Inn were Thavy’s Inn and Furnivall’s Inn; Inner Temple were Clifford’s Inn, Clement’s Inn, and Lyon’s Inn; Middle Temple were New Inn and Strand Inn; and Gray’s Inn were Staple Inn and Barnard’s Inn. <br>'''Source:''' Holdsworth, Sir William, ''A History of English Law'', 3 volumes. (London: Methuen & Co., Ltd., Sweet and Maxwell) 2: 498. | ||
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[[Category:England]] | |||