Northamptonshire Probate Records

For an explanation of probate records in England, click here.

Probate Courts

The following probate courts had some jurisdiction over the county of Northamptonshire prior to 1858:

• Court of the Peculiar Parish of Banbury
• Court of the Peculiar Parish of Gretton
• Court of the Peculiar Parish of Nassington
• Court of the Archdeaconry of Northampton
• Court of the Bishop of Peterborough (Episcopal Consistory)
• Court of the Peculiar of the Dean and Chapter of Lincoln (Cathedral)
• Court of the Bishop of Lincoln (Episcopal Consistory)
• Prerogative Court of the Archbishop of Canterbury
• Court of Arches
• High Court of Delegates

Some explanatory notes on the courts in Northamptonshire:

Technically the courts of the Bishop of Peterborough and the Archdeacon of Northampton did not have superior jurisdiction over these courts, but as the larger courts of original jurisdiction they will often contain probate records of persons who resided in the other jurisdictions.

Since civil and ecclesiastical boundaries were not necessarily one and the same, it is important in pre-1858 probate searches to consider nearby courts including those situated across county boundaries. Also, ecclesiastical boundaries and rights were not always observed or may have been changed over the years.

Many peculiar courts closed before 1858. When this occurred jurisdiction reverted to the local archdeaconry and/or diocesan courts.

Most of Northamptonshire was under the jurisdiction of the Court of the Bishop of Peterborough and the Court of the Archdeacon of Northampton, hence the majority of genealogical searches will be in the records of these courts and their superiors.

Pre-1858 probate courts having some jurisdiction in Northamptonshire were:

Canterbury, Court of the Archbishop of (Prerogative Court of Canterbury, also known as PCC)

Gretton, Court of the Peculiar Parish of (a prebend of Lincoln Cathedral)

Lincoln (Cathedral), Court of the Peculiar of the Dean and Chapter of

Lincoln, Court of the Bishop of (Episcopal Consistory Court of Lincoln)

Nassington, Court of the Peculiar Parish of (a prebend of Lincoln Cathedral)

Northampton, Court of the Archdeacon of (before 1541 in the diocese of Lincoln; 1541 to 1858 in the diocese of Peterborough)

Peterborough, Court of the Bishop of (Espiscopal Consistory Court of Peterborough)

The Court of the Archbishop of Canterbury (PCC) had superior jurisdiction in all of England, Wales, Isle of Man, and the Channel Islands and sole jurisdiction where testators had bona notabilia (an estate valued at more than five pounds sterling) in two dioceses or in two peculiars in the province of Canterbury or within two provinces (i.e., York and Canterbury). The Court of the Archbishop of Canterbury also had jurisdiction over all those with property in England, Wales, Isle of Man, or the Channel Islands who dies at sea or overseas. Such persons are distinguished in the calendars by the entry "pts," abbreviation for " parts overseas." instead of the name of the place. During the Commonwealth period from 1653 to 1660 the court, in the form of a civil court, had sole testamentary jurisdiction over all of England and Wales. Since the Reformation it has been usual for the estates of men of wealth and position to receive grants of probate and letters of administration in this court. During vacancies in this court between 997 and 1590, some wills were proved in the Court of the Dean and Chapter of Canterbury Cathedral (also known as the Court of the Prior and Chapter of Christ Church), Canterbury, Kent.

The Court of Arches of Canterbury was a court of appeal for the Province of Canterbury. However, the royal peculiars and the peculiars of the Archbishop were exampt.

The Court of Delegates was also a court of appeal for the provinces of Canterbury and York, including their peculiars, royal peculiars, and the Irish probate courts.

Before 1541 Northamptonshire was in the diocese of Lincoln, and from 1541 to 1858 (except for peculiars) was in the diocese of Peterborough. It appears that from 1541 to 1598 the court of the Bishop of Peterborough and the Court of the Archeacon of Northampton exercised concurrent Jurisdiction in the county.

The rolls of the Burgess Court of Higham Ferrers contain the texts of many wills which were registered in respect of property there (See Historical Manuscripts Commission Report xii, appendix part 9, page 530), but the wills were actually proved in the Archdeaconry of Northampton and are found in the records of that court.

The original records of the Court of the Bishop of Peterborough and the Court of the Archdeacon of Northampton are at the Northampton Record Office, Delapre Abbey, Northampton. Those for the Courts of the Peculiar Parishes of Gretton and  Nassington are at the Lincolnshire Archive Office, The Castle, Lincoln.