Henry VIII s Vicar-General 2

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1 Lecture 5 Assignment 1 There are essentially three periods in the history of parish registers where change in their contents can be identified: pre-1753; 1753 to 1812; and1812 to present day. Pre 1753 Before 1538 no official registers were maintained save some monastic houses and parish priests had developed a custom of noting local births and deaths, especially of leading local families, in albums or the margin of service books. These monastic houses were destroyed along with their records during the reign of Henry VIII and the creation of the Church of England. Hence, very few ecclesiastical records exist prior to Thomas Cromwell s 1 first attempt in 1536 to introduce parish registers failed due to strong resistance 2 however on 5 th September 1538 he introduced an Injunction that every parish church should keep a register of all baptisms, marriages and burials taking place in their parish. The register should be completed every Sunday in the presence of two churchwardens. Many parishes ignored this order and the Injunction was reissued in 1547 and again in The need for the Injunction to be reissued twice demonstrates that many parishes continued to ignore the order. There had been no explicit instructions as to the quality of the register or the information it should contain. Under Canon law in , the constitution of the 1597 Convocation 4 of Canterbury became binding in that baptisms, marriages and burials were to be transcribed into parchment books since the time that the law was first made., so far as the ancient books thereof can be procured, but especially since the beginning of the reign of the late Queen 5, with copies to be sent annually to the Bishop. Many registers were only transcribed back to 1558 and many of these transcriptions were in fact not completed until many years later, well into the 17 th century. With the introduction of Bishops transcripts the keeping of parish registers became much more widely established. It is worth noting that on 11 November 1563 the Roman Catholic Church also ordered the general keeping of baptism and marriage registers. Information in these parish registers was often sparse but over the years more details were added. Baptisms, marriages and burials were generally registered all in the same book in chronological order. Some clergy used one book with separate sections for each type of event, whilst other sometimes used separate books for each type of event. Up until the end of the 16 th century parish registers were largely written in Latin. This practice gradually died out in the early 17 th century and in 1733 the use of Latin in ecclesiastical (and legal) documents was abolished. 1 Henry VIII s Vicar-General 2 Particularly in the counties of Yorkshire and Lincolnshire with the Pilgrimage of Grace in Yorkshire and the Lincolnshire Rising in the autumn of Canon 70 of the Book of Canons Church council assemblies to deal with the well-being of the church and approve canonical legislation 5 Elizabeth I had predeceased this law, having died in

2 Baptism registers Early baptism registers can vary significantly in the information provided. The usual form only records the date of baptism and the name. Later registers are more likely to include the name of the father (and even later the mother) and the sex of the child. In the 16 th Century sponsors 6 may be included in the baptism register. In 1555 Carinal Pole ordered that sponsors were to be included in every baptism entry however this was frequently ignored and disregarded after a few years. Because these registers were to be completed each Sunday, it is easy to see how some clergy may have forgotten names (resulting in blanks), or forget an event completely leaving missing entries. Over the years, often due to the need to be able to distinguish between those with the same name, the occupation of the father or residence of the parents may be provided. There are also rare examples of baptism entries mentioning three generations of a family such as Jan 5 th. John S. of Jo. Hutcheson w ch was y e sonne of Richard Hutcheson & Elizab. his wife. (Bishop Middleham) 7 The baptism register may also record if a child was half baptised or privately baptised. This often occurred where midwives were permitted to baptise babies at risk of dying before a clergyman was available. Such baptisms occasionally include mistakes as to the sex of the child where the child was baptised in haste following the birth for fear of its imminent death. For this reason, many such baptisms do not include the name of the child but refer to the child as Creatura Christi, essentially meaning child of god. During the civil war years of 1642 to 1660 many clergy were ejected for refusing to take the Solemn League and Covenant. This left the church in disarray and had a significant effect on parish registers, with many parishes ceasing to complete entries. In 1645 the Book of Common Prayer was abolished and the Puritan Directory introduced in its place, leading to more clergy being ejected. Under Ordinance 1644/5 it was ordered that registers should be kept of baptisms (including the parent s names) along with births, marriages and burials (to include the date of death) and that a Register Book of velim should be provided. With yet more clergy ejected, confusion continued and in 1653 parliament established the position of The Parish Register : an individual elected every three years by the parishioners of each parish to be responsible for entering banns; marriages for a fee of 12d; births and burials each for a fee of 4d; baptisms were free of charge. During this civil war period many children were not baptised and the baptism registers are therefore full of adult baptisms in the years following Following the Tax on Marriages, Births and Burials taxes were imposed: 4s for burial, 2s for births, 2s 6d for marriages, bachelors and widowers 1s. The nobility however were subject to super-taxes, e.g. a Dukes marriage was 50, birth of his first son would be 30 and 6 We would call Godparents today 7 Bradbrook, W, The Parish Register, 1910, page 28 8 During the reign of the impoverished William III and Mary to be imposed for five years to raise money to fund the war against France. 2

3 50 for the burial of a Duke. Paupers were exempt hence there was a noticeable increase in the baptism registers of paupers being baptised. However there were also many children not registered or baptised as many parents wished to avoid paying the required fee, and the law was further enforced in 1696 ordering parents to register the birth of every child for which the fee was now to be 6d with a fine of 40s for failure to register within 5 days of the birth with the clergy also being fined if they failed to keep records of those born and not baptised. This created further relating to the payment of these taxes set out as columns with five headings: marriages, births, burials, bachelors and widowers. Illegitimate children were often described as base-born, illegitimate and bastard in baptism registers. It was more common to find the mothers name than the father s name in these circumstances although sometimes the fathers name may be included or may be included discreetly where the fathers name may be used as a middle name for the child. If there was anything unusual about the baptism, there may be details in the baptism register, e.g. a choir at the ceremony May 26 Baptized Mrs Alice, daughter of Sir Robt. Eatan, Secretary to King Charles I. The Quire attended: the boys had 3, 16s. 8d 9. Marriage registers Early marriage registers usually just named the bride and groom and sometimes just the groom! Occasionally there may be a reference to the marital status of the parties (bachelor/spinster etc) but more usually additional information and detailed entries were reserved for marriages amongst the nobility. Marriages of children 10 can often be detected from marriage registers if the marriage is said to be with the consent of the parents, as can a disability or deformity of one of the parties to the marriage, e.g. Feb 15/ Thomas Tilsye and Ursula Russel were maryed; and because the sayde Thomas was and is naturally deafe, and also dumbe..the said Thomas, for the expressing of his mind instead of words, of his own accord used these signs. 11. The early registers do not record whether the marriage was by banns or licence 12, although during the commonwealth gap 13 all marriages were by banns. It became more common practice in the 17 th century for further details to be included in the marriage register, in particular, whether the marriage was by banns or licence. Marriage could, in this period, be entered into without the need for banns or licence; provided both parties consented, the marriage would still be valid. In the early 18 th century there was a growth in clandestine and scandalous marriages. Most notorious of these were those referred to as Fleet marriages : those marriages which increasingly took place in and around Fleet Prison in London by disreputable clergymen. Such marriages took place both in the prison chapel and surrounding taverns and were not limited to the criminal fraternity. They provided a venue for nobility to marry undesirable characters or for the young to marry without parental 9 Cox, J. C., The Parish Registers of England, 1910, page During this period the age at which persons could marry was 12 for females and 14 for males with parental consent. 11 Cox, J. C., The Parish Registers of England, 1910, page Marriage by licence had been available from the 14 th century to

4 consent. It is therefore wrong to assume those who entered into Fleet marriages were involved in criminal activity. These Fleet Registers often contain more information than other marriage registers. For example, in the marriage register for Dukes Place in Aldgate records a third party after This third party is always a man with the contraction Fr appended, which probably means father and indicated that the individual if not actually the father was acting in loco parentis, e.g.:- Francis Windum, Esq., and Sarah Dayrell, s., Thomas Walker. 27 th Mar., The third name is probably unique, and in many instances must be that of a relation and therefore of genealogical importance. 14 They can also contain details about the ceremony especially if there was any disgraceful behaviour. Burial Registers Early burial registers again often just name of the deceased, especially in small towns and villages or remote settlements where the clergyman may have known all his parishioners and did not feel the need to include any other detail to distinguish between those with the same name. Burial registers may contain personal comments about parishioners, particularly if the deceased was a prominent parishioner; had reached a grand old age; had died in unusual circumstances; if the deceased was a baby/child; or if the deceased was a person the clergyman particularly liked or disliked! There may be details of the time of day of burial, particularly if the burial was at night. Burials by torch light were reserved for distinguished members of society and/or a family tradition. However non-conformists were also often buried at night (without any formal ceremony or torch light). If the deceased had been excommunicated (for reason of religion, moral offences, none payment of tithes, or other ecclesiastical offences) they are likely to have been buried without formal ceremony and there may be details of this in the parish register. Following the 1694 Act 15, because paupers were exempt from paying a fee, there was a noticeable increase in the burial registers of paupers being buried. Before this paupers were more likely to have been buried without ceremony and therefore not appear in the burial register. Following the Burial in Woollen Acts of 1666 and 1678 ordering all deceased to be buried in a shroud made from wool. The burial registers would be annotated with aff or A to indicate that an affidavit had been produced. Alternatively, the clergy may had written buried in woollen or described burial. There was need for a second act in 1678 to strengthen the regulations, requiring an affidavit signed by a magistrate (or the minister) confirming these regulations had been complied with. There was a 5 fine for those failing to produce an affidavit. Those too poor to afford the woollen shroud were exempt, whilst wealthy people wanted to show their prosperity, would often ignore the regulation. 14 Bradbrook, W, The Parish Register, 1910, page Tax on Marriages, Births and Burials 4

5 Burial in woollen was rarely enforced after 1770, although the Acts were not repealed until The main people omitted from the burial registers, were the unbaptised, sailors, soldiers and others who died abroad, papists and dissenters who were buried privately It is worth noting here that in 1752 dates in parish registers were affected by the change from the Julian calendar to the Gregorian calendar. Lord Hardwicke s Marriage Act in introduced the first standard form to parish registers. Marriage could only be: by banns or licence take place in the parish in which one of the parties to marry lived entered into a special printed register It introduced a separate register for marriages in two parts: the first part being the forms for the publication of banns; the second for entering the marriage details. The pages had to be numbered and many parishes decided to number each entry. The legal requirements for a marriage to be valid under the Act were: Banns had to be read for three Sundays in the church where those to be married were parishioners, if they lived in different parishes the banns had to be read in the church of both parishes Raised the legal age of marriage, without parental consent, to 21 years The ceremony had to be conducted by an Anglican clergyman (Jews and Quakers were exempt, marriages under any other faiths were not recognised in the eyes of the law, however this does not mean they were illegal) The information to be recorded in the marriage register was: Names of both parties The place of residence, before the marriage, of both parties The status of the bride and groom (single/widowed etc.) Whether the marriage took place following banns or by licence Signature of the parties (or their mark if they could not write) Signature of at least two witnesses Name of the officiating clergy Dissenters, gentry and yeomen would often marry by licence, which could be issued for more than one church, to avoid the public calling of banns. It should be noted that Quakers and Jews were exempt from Lord Hardwicke s Marriage Act; marriage under their own rules were accepted as valid. There was an attempt to impose a duty of 3d on each entry in a register, baptism, marriage and death under the Stamp Act This was extended to non-conformist registers in This 16 Which came into force on 25 March

6 act was extremely unpopular. The flat rate was seen as very unfair, with the rich paying the same amount as the poor although those in receipt of poor relief were exempt as were burials in workhouses. The act was repealed in The parish register would record the sum paid or a p for pauper There were no universal changes to baptism or burial registers during this period however from about 1765 Dade Registers began being used in some parishes of East Lancashire, North Yorkshire and Durham. There was a growing recognition that parish register entries were inadequate and William Dade began more comprehensive parish registers for baptisms and births. Baptism registers included: Date of birth Date of baptism Position of the child in the family Occupation of father Place of origin of father and mother Often details of the grandfather (provide details of three generations) Burial registers included: Age Cause of death Occupation Details of the parents if the deceased was a child For married women, the name of their husband In 1777 the Archbishop of York ordered Dade-style registers should be used across his diocese, however with no penalty imposed for failing to us such registers, not all parishes adopted the such registers, others did adopt the format but with less detail whilst others adopted the format but did not persevere. In 1798 the Bishop of Durham, Shute Barrington, ordered that more detailed registers for baptism and burials be kept across the diocese of Durham (including Durham and Northumberland), along similar lines to Dade-style registers, but simpler. They became known as Barrington Registers. Barrington Baptism registers were to include: Date of birth Mother s maiden name Parishes in which both parents were born Number of the child in the family Details of fathers of illegitimate children were often recorded These Dade and Barrington registers continued in their respective regions in sporadic use until By the late 18 th century, parishes in other parts of England, such as Devon and Norfolk, had also started to record more than the basic information, for example the maiden name of the mother in a baptism register. 6

7 Rose s Act 1812 introduced, from 1813, separate parish registers for baptisms, marriages and burials, to be printed and bound in a standard form. Separate marriage registers were already in existence and the Act concentrated on baptism and burial registers. Bishops transcripts continued, with the Act ordering copies of the entries be sent to the registrars of each diocese annually and existing old style parish registers to be sent to the Bishop of each diocese. Rose s original proposals were more detailed than the final Act which was watered down by the more conservative elements of Parliament 17. Rose had included allowing nonconformists to send their registers to clergymen. The Act was badly drafted, particularly in relation to penalties for those making false entries or altering or damaging or destroying registers. The Act states that anyone who informed of such acts should receive half of the fine or penalty imposed (with the poor of the parish or other charitable purpose as the Bishop chose, receiving the other half), yet the Act did not provide for any fine being imposed, the only penalty was fourteen years transportation! Because the registers were now in standard form providing sections for the information required, there was little or no space for extra information which may previously have been found in parish registers (as discussed earlier). However the standard form has the advantage that in many parishes more information (particularly that which is of use to the genealogist) had to be provided than had previously been the case. Baptism registers were now set out in columns, with a column for each of the following: Forename of Child Forename and surname of parents Where the family lived (usually only the village in rural areas whereas the street name may be provided in a town) Occupation of the father Name of the officiating clergy Dates of birth were sometimes entered by the most diligent s and particularly if there were multiple baptisms in a family simultaneously to show that the children were of different ages, or possibly to show they were the same age and thus twins. An illegitimate child s baptism record usually only includes the name of the mother, but may include the name of the alleged father. Burial registers now required the following information: Name of the deceased Age of the deceased (as accurately as was known) Where the deceased lived (again, usually only the village in rural areas whereas the street name may be provided in a town) Name of the officiating clergy 17 Annal, D & Collins, A, Birth Marriage and Death Records 7

8 Parish registers did not die out with the introduction of civil registration in Although Marriage registers became civil registers issued by and the responsibility of the General Registration Office (GRO), Rose-style registers are still used today for baptisms and burials although are no longer the official records of a person s existence, those now being the birth and death records introduced by the General Registration Act 1836 and maintained by the Registrar General. Baptism and burial records have therefore largely remained unchanged since Bishops Transcripts ceased with the introduction of civil registration. Under the Parochial Register and Records Act clergy were encouraged to transfer their parish registers to the county records office for safe storage. Where clergy did not wish to do so, strict conditions were set for their safe storage. 18 Which came into force in

9 Biography Bradbrook, W The Parish Register (Simpkin, Marshall, Kent & Co Ltd 1910) Charles Cox, J The Parish Registers of England (Methuen 1910) Heritage, C Tracing Your Ancestors Through Death Records (Pen & Sword 2015) Humphrey-Smith, C.R Phillimore Atlas and Index of Parish Registers (Phillimore 2003) Raymond, S Marriage Records for Family Historians (Family History Partnership 2010) Tate, W.E The Parish Chest (Phillimore 1983) Richardson, J The Local Historians Encyclopaedia, 3 rd Edition (Historical Publications 2003) Adams, S Hardwick s Marriage Act (Who Do You Think You Are magazine, July 2018, P 77 79) Herber, M, Ancestral Trails (Sutton Publishing 2004) Cole, J and Titford, J Tracing Your Family Tree (Countryside Books th Edition) Annal, D and Collins, A Birth, Marriage and Death Records (Pen and Sword 2010) Bellingham, Roger, Dade Parish Registers (undated) (as at 18 th August 2018) 9