THE ECCLESIASTICAL COURTS IN ENGLAND, RECORDS FOR FAMILY HISTORY

The Ecclesiastical Courts had many jurisdictions, especially over probate and marriage, so they are the usual source for marriage bonds and allegations. The Court had jurisdiction over clergy and parish officers.

The court dealt with moral crime as a rule, church buildings, tithes, church rates, adultery, heresy, witchcraft, prostitution, drunkenness, fornication, recusancy and working on Sundays. Until 1855 they also dealt with Slander or defamation against their neighbours. Thus they were also known as ‘The Bawdy Courts’. At first sight many Ecclesiastical Court records are difficult to use as they contain until the 1730’s a lot of abbreviated Latin. But the witness and defence statements are in English and they can contain a lot of family information.

As part of Ecclesiastical discipline the incumbent was responsible to the Rural Dean, initially. This official was responsible for a number of Parishes. The first Court in the Ecclesiastical structure was the Archdeacons Court which was subservient to the Bishop’s Court, though this was restricted in its authority. Probate usually went to the Bishop’s Court, or the Dean and Chapter Courts, or in several fewer cases in the Courts of the Peculiars.

The Bishop or Archdeacon would not generally sit in the Ecclesiastical Court themselves, the work was delegated to the Vicar General, Chancellor, Commissary General auditor or the official principal proctors, all Clerics. The Archdeacon would delegate the court work to his official, the Registrar dealt with Court administration, record keeping and witness examination. Special lawyers would practice in the courts and would be known as proctors and advocates. The defendants would be called to court by citation.

There were two types of Court cases, Civil Suits (Instance Cases) and Office cases. The Civil suits included Defamation and Matrimonial cases. Office cases were cases against Clergy, and covered such behaviour as Gambling, drunkenness or ignoring the legal and divine solemnisation of marriage rules. The Court would take action against unlicensed scholars and midwives. An office case could also include the incumbents failure to maintain the church. Instance cases relied mainly on documents, formal pleadings of the parties allegations, or defence and witness statements. Summary and testamentary procedure was primarily oral so few records survive. Court business decisions were recorded by registrars in Act books or Court books. Entries are very short with the defendants name, court judgement or alternatively a lengthy account of a court hearing decision.

Parishioners who had been guilty of non attendance at Church, perjury, fornication, adultery or non-baptism were presented by the Churchwarden at the Court. The courts could even deal with pew disputes, church rates and problems with churchwardens accounts. People tended to guide their pew rights closely. It had a connection with their place in the parish hierarchy. Just as in death the ultimate was to be buried under the church floor.

Non-Conformists were to gradually start to protest at their treatment by the Ecclesiastical Courts, as they were constantly in court for their refusal to pay tithes. Finding or identifying non-conformists can be extremely difficult if they do not come into conflict with the church court for non-attendance at church or tithe payment refusal.

Judgement was given in a document called the sentence. But the records of the Court can include a lot of information like ages, dates, names and relationships.

There were varieties of disputes and they would end in a variety of judgements and consequently punishments. The most intriguing was Excommunication where the guilty party or parties would have to stand up in church in public view and wear a white sheet, carry a white rod or wand and admit their sin and ask for forgiveness.

Information from the marriage bond and allegation of Richard Bulmer and Elizabeth Herrington 1742

‘The twenty ninth day of August in the year of our Lord One Thousand Seven Hundred and forty two -- which day appeared personally Richard Bulmer of Scampston ----- in the diocese of york aged above Twenty four Years and a Batchelor and alleged that he intendeth to marry with Elizabeth Herrington ---- of the same ---- aged above Sixteen years and a Spinster with the Consent of Jane the wife of John Beilby mother of the said Minor ---- not knowing, or believing any impediment, by reason of any Precontract, Consanguinity, Affinity, or any other lawful Means whatsoever, to hinder the said intended Marriage: Of the Truth of which he made Oath, and prayed Licence for them to be married in the Parish Church of Saint Olaves or Burythorpe in the Diocese aforesaid.
Sworn before me Richard Bullmer

.... On the same day appeared personally Jane the Wife of John Beilby and made oath that this is the natural and lawfull mother of the said Elizabeth Herrington the Minor above mentioned and that she is consenting to the abovesaid intended marriage.
Sworn before me Jane Beilby Her mark

Penance 1763
Penance Enjoined to be done by Ann Hellard of the parish of Langtoft within the peculiar and prebendal Jurisdiction of Langtoft aforesaid Singlewoman
The said Ann Hellard ---- shall be present in the Parish Church of Langtoft --- aforesaid upon Sunday being the Twenty third or Thirtieth Instant or upon the Sixth --Day of November next ensuing in the Time of Divine Service, between the hours of nine and eleven of the clock in the forenoon of the same day, in the presence of the whole congregation then assembled being bare-head, bare-foot, and bare-leged, having a White sheet wrapped about her - from the shoulders to the feet, and a white wand in her hand, where immediately after the Reading, the Gospel she shall stand upon some form or Seat before the Pulpit, or Place where the Minister readeth Prayers, and say after him as followeth.

Whereas, I good People forgetting my Duty to Almighty God have committed the Detestable Sin of Fornication with Robert Burton --- and thereby have justly provoked the heavy Wrath of God against me, to the great Danger of my own Soul, and evil Example of others, I do earnestly Repent, and am heartily sorry for the same, desiring almighty God for the Merits of Jesus Christ, to forgive me both this and all other my offences, and also ever hereafter, so to assist me with his Holy Spirit, that I never fall into the like Offence again, and for that End and Purpose, I desire you all here Present, to pray with me, and for me, saying,
Our Father which art in Heaven, and so forth ... And for the due Performance hereof she is to Certify under the Hands of the Minster and Church-Wardens at the Register his office in York upon or before the Eleventh -- Day of November aforesaid together with these Presents.
We do hereby Certify that this penance has duly performed and above directed before us, (Names of Minister and Churchwardens follow.)


Non payment of tithes - Richard Gray 1666

Itm ... that the said Richard Gray for and during the all the space of one or two years last past and more hath been and yet is an inhabitant and parishioner within the said pish of Langtoft during the same time hath had and yet hath a wife and six children or servants above the age of Sixteen years all which did or ought to have received the holy Communion att the said pish church of Langtoft at the ffeast of Easter Anno Dm 1666 ....

Commission against Robert Jackson, Clerk by William Edrington 16th Century (Building a family group and proving it) Extracts

First that Nicholas Sonley was tennant as servant to George Edrington brother to William Edrington being the promotour in this cause’

‘Itm that John Buttarye a witness present also in the said cause was and is servant to Randall Edrington brother to the said promotour.’

‘Itm that Thomas Edringtone is naturrall brother to the said promotour and at the beginning of this cause was also named as a promotour with the said William and as yet is earnest in the same cause’

‘Itm that William Halome one of the said witnesses hath married the natural sister of the said promotor and so his brother in law’