PARISH CHEST, POOR LAW, CRIMINAL AND ASYLUM RECORDS

Week 6 - 2021

Pre 1066 onwards – Tithe and Glebe Terrier accounts kept in parish chest

At the time of the Reformation it was mandated that all parishes in , Wales and Ireland should have parish chests with a hole in the top for alms and three locks. The keys were held by the clergyman, church warden and a religious lay person who all had to be present for the chest to be opened.

1361 – Justices of the Peace Act – enshrined the role in protecting the public and punishment of offenders

1547 – Statute of Legal Settlement. Sturdy beggars could be branded or made slaves for 2 years. It also stated that cottages for the impotent poor until relieved or cured.

1552 – parish registers of the poor were introduced so that there was an official record of those who fell into the category of ‘poor’

1563 – Act of Relief of the Poor - Justices of the Peace were authorised and empowered to raise compulsory funds for the relief of the poor and, for the first time, the poor were put into different categories.

- Those who would work but could not: these were the able-bodied or deserving poor. They were to be given help either through or by being given work in return for a wage. - Those who could work but would not: these were the idle poor. They were to be shipped through the streets publicly until they learned the error of their ways. - Those who were too old/ill/young to work; these were the impotent or deserving poor. They were to be looked after in almshouses, hospitals, orphanages or poor houses. Orphans and children of the poor were to be given a trade apprenticeship so that they would have a trade to pursue when they grew up.

1572 – the first compulsory local poor law tax was imposed making the alleviation of poverty a local responsibility. Beggars could be branded

1576 – Setting the Poor to Work Act

1597 – Justices of the Peace were empowered to raise compulsory funds for the poor and the post of ‘’ was created. The position continued after the 1834 Poor Law Amendment Act. 1601 – Poor Law Relief Act -

1601 – Poor Law Relief Act –

1611 – provision of a

1662 – Settlement Act – stipulated that if a poor person (that is a resident of a tenancy with a taxable value less than £10 per year, who did not fall under the other protected categories) remained in the parish for forty days of undisturbed residency, he could acquire’ settlement rights’ in that parish. Repealed by the Poor Law Act of 1927

1697 – Second Settlement Act Certificates would be collected by Overseers when someone moved into the Parish. This was amended in 1795 only collected if become chargeable to the parish. Also required badges to be worn on the right shoulder by people in receipt of poor law.

1722 - Act – mandated parishes to provide

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1723 – appointed – they were responsible for ensuring workhouses were provided.

1732-44 – various Acts applying to rules regarding provision for illegitimate children

1782 – Gilbert unions – it provided a simple procedure for groups of parishes to set-up workhouses for the poor and able-bodied adults. It also introduced Boards of Guardians to regulate and run workhouses

1834 – Poor Law Amendment Act - This tightened the rules surrounding out-door relief and tightened the rules on workhouses which were to make the conditions in them such that it was the last resort for the poor or infirm.

1836 – Commutation of Act 1836

1844 Poor Law Amendment Act – prohibited out-door relief except in special circumstances

1848 District Schools Act - gave the Poor Law Commissioners power to combine parishes and unions and to establish residential schools

1854 – Youthful Offenders Act – eventually became Approved Schools

1857 – Industrial Schools Act – allowed magistrates to send disorderly children to an industrial school

1876 – allowed for day schools to be created and placed a duty on parents to send their children to school. Poor Law Guardians could pay the fees.

1904 – Birth records could no longer say born in a but give the address ie St Pancras Workhouse shown as 4 Kings Road, St Pancras

1913 – All workhouses were officially renamed Poor Law Institutions though they were commonly still known as workhouses

TITHE AND GLEBE TERRIER ACCOUNTS

Tithe accounts and glebe terrier documents from parish chest records can provide information on where your ancestors farmed and how much they were required to pay, in cash or in kind, as a form of tax. The tariff was used to support the local parish church and fund various common responsibilities such as assisting the poor, maintaining roads, and so on.

The phrase “glebe terrier” is an Anglican and Roman Catholic term for the document describing the lands held by the Church in the parish, which the clergyman controlled. They were allocated to him as a means of supporting himself and of maintaining the church. The glebe usually consisted of the church and the graveyard, the manse and bits of lands that the clergyman could rent out to villagers.

In the days before enclosure, field were divided up into various strips of land for people to farm. The glebe would be allocated various strips of land on different fields. The clergyman was free to farm these strips himself, or to lease them out to villagers.

The clergyman also would take a one-tenth portion of the proceeds of crops and livestock, or money in lieu, as a tariff. Each parish had a tithe account, which formed part of its parish

2 chest records. Anything that grew out of the land, any livestock that would increase and was nourished by feeding on what grew from the land, animal produce, such as eggs, milk and wool; and the proceeds of man’s labour in the production of things from that land, such as lumber from a sawmill, was subject to this tax levy. Tithe Barns were used to store the one- tenth of the harvest.

The practice of collecting a tariff, and maintaining the associated accounts, had been established in England and Wales long before the Norman invasion in 1066 AD. The concept of payment in cash instead of payment “in kind” had gradually come in over the centuries in some parishes. The practice of paying cash instead of giving of the actual harvest was formalised in the Commutation of Tithing Act 1836. The Act required that a tithing map be made, listing all lands in a particular district, and who owned or occupied them. Areas that already were using a commutation system ie accepting cash instead of payment in kind were not mapped. The surveying work was completed between 1841 and 1851.

Three copies of the maps were made. One stayed in the parish church; one went to the archbishop of the diocese; and one went to the Tithing Commissioners. The Commissioners’ copies eventually went to the Inland Revenue and are now located at the National Archives at Kew. The church copies are generally at the Record Office. For Wales the copies from the diocese are in the National Library at Aberystwyth. The maps show who lived in what house, and what buildings and lands they owned, leased and or tilled at the time the survey was done, between 1837 and 1851.

In Ireland after the Reformation the population was still required to pay this levy to support the Anglican Church although most chose to remain Roman Catholic. This led to the Tithe War from 1831 to 1836, during which Irish Catholics refused to pay the required assessments. The government responded by attempting to seize property, a measure which was met with resistance and the loss of lives. The Tithe Commutation Act 1836 reduced the levy and combined it with rental payments, effectively making landlords responsible for remitting the tariff. The system was abolished in 1869 when the Anglican Church in Ireland ceased to be the Church of England. There are no tithe maps of Ireland or of as a system of payment in cash had long been in place in both countries at the time the Act was passed.

VESTRY MINUTES

A vestry, or parish council, was composed of the parish clergyman, and a number of other worthy parishioners. This was something like a town council today. Essentially, this group had power over the village, along with the Justice of the Peace. The minutes can contain information about what is happening to individuals in the village as well as naming the people on the council. Examples of what could be contained in the minutes includes the care of illegitimate children, people who have come to or left the parish and list of apprenticeships. More on this later.

The village was responsible for the care of the poor, sick and elderly. It also had responsibility for law and order, and for maintenance of roads and bridges. Public services, such as watchmen, lighting, sewers and pest control all were handled at the village level. Records had to be kept of these things.

Records of Surveyors of the Highways

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These men were responsible for maintaining roads and bridges within the parish. Often, those who were poor but able-bodied were given the task of picking up stones from the fields. The Surveyors would employ different villagers in these maintenance tasks, using the stones gathered, and kept records of what was done and by whom for what wage. His accounts would be placed in the parish chest.

Parish

The parish was chosen from among the villagers and was supervised by the vicar. He was responsible for maintaining law and order, to arrest and detain criminals and to transport them to the magistrate for trial. This was an unpaid, part-time position. The parish constable also kept a list of men eligible to service in the Militia. He was also involved in caring for the poor, sick, aged and vagrants. He would keep records regarding his activities and submit invoices for his expenses.

Churchwarden Accounts

Churchwardens were appointed at the Easter quarter sessions/vestry meetings for a one- year period. At least two men would be appointed, one chosen by the clergyman and one chosen by the villagers.

Churchwardens were responsible for the upkeep of the church and the grounds. They would submit receipts, or vouchers for reimbursement of expenses incurred. Often these included work done in the village by various villagers. In addition churchwardens were responsible to report any wrongdoings that they were aware of among parishioners to the Bishop or magistrate at the quarterly Ecclesiastical Court sessions, including not attending church services, drunkenness or other behaviours considered unsuitable. They were also required to report on any misbehaviour by the vicar and other vestry members.

OVERSEERS OF THE POOR

These were appointed annually by the Justice of the Peace and operated under various poor laws between 1500s and 1834 when new Poor Laws were introduced. They were unpaid. They were responsible for all aspects of the poor law. They looked after sick relief, took care of the aged, provided children of the poor with apprenticeships, found work for the able- bodied among the poor and assisted the local constable in his duties. They also maintained a “house of correction” for vagrants, as well as the poor house. In addition they might deal with desertions, bereavement ie funeral expenses and paying sexton for the grave, property occupancy and movement orders, payments to midwives, travel expenses for the constable, and lists of men eligible for the militia. They were usually tradesmen, farmers or minor gentry.

Records could include overseer’s accounts, settlement and removal orders, the care of illegitimate children, poor houses, vagrants, apprenticeships, some of which were voluntary and some of which were not and any other matter relating to the poor.

To pay for all this taxes were imposed to carry out this work and to provide for public services. Records were kept of who paid and how much and who received benefit.

RATE BOOKS

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Records of payments of parish rate set each Easter and collected twice a year. People paying would not be in receipt of relief. Also included may be payments of money made to individuals but sometimes food was dispensed instead of money.

VESTRY MEETINGS

Usually held fortnightly, usually open so anyone could attend and listen to what was being said but sometimes closed. Usually dealt with individuals. In attendance might be the churchwardens, constable, surveyor and overseer. Sometimes these people might hold more than one position.

BONDS OF INDEMNIFICATION OR BASTARDY BONDS

Women who became pregnant outside of marriage were very likely to lose their jobs and may, of course, die in child birth. These children and their mothers, if still alive, became the responsibility of the parish unless the officials could find out who the father was. If the father was discovered he would have to sign a Bond of Indemnification, commonly known as Bastardy Bonds, stating that he would take responsibility for the child. Parish Councils took these matters seriously as if they could not identify the father they became responsible financially for mother and child. The mother would be cross examined before a magistrate or sometimes by the midwife during labour.

Bastardy Bonds and/or records of a woman’s examination are among the records that would be found in the parish chest records. After 1834, with the changes to the laws and the introduction of Poor Law Unions, these bonds would be found in the Quarter Session records, if the illegitimate child’s mother made application for such a bond.

The Parish or the child’s father would be responsible for the child’s at the longest until age 14, at which time the child would be able to work and support himself or herself. On average fathers were required to pay between 2 and 5 shillings a week.

Other records in this category:

Notice of Application for Bastardy Order – the pregnant woman would send to the father advising him of the application which would occur at the next Quarter Session. These applied after the 1834 changes to the Poor Law

Bastardy Warrant – in which parish constables were required to find the named father and bring him before the magistrate, or to find a father who has not met his obligations under the bond he signed

Bastard Recognisance – which carried the case over to the next Quarter Sessions and ordered the father to appear there by which time the child presumably would have been born.

Bastardy Summons – by which a constable was obliged to bring the alleged father to court

Bastardy Order – which detailed who was to pay and what

Bastardy Certificate – in which the father was released from the recognisance because he had paid all that was required.

Apprenticeship Records

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In the normal course of events it was the child’s father who placed him or her in an apprenticeship, the Parish Council or the Overseers of the Poor also were known to handle this for pauper children. It was a matter of finance; it was less expensive to place a child in an apprenticeship than to bring him up. Children could be apprenticed as young as 7 and usually by the time they were 10. The Overseer would chose the master/mistress who could pay a fine to be excused taking on an apprentice. A fee would be paid and an agreement drawn up one held in parish chest and the other given to the family if there was one.

There may be a reference to the child in the minutes to a vestry meeting, when the child was discussed and it was decided to place him in an apprenticeship.

An apprenticeship could be ended, other than at the end of the term, by mutual consent, if the apprentice was badly treated or the apprentice married.

Apprenticeship records are also kept by relevant Guilds and can be searched on-line

Settlement and Removal Orders

Everyone had a place of legal settlement. This was usually where their father was born, or if illegitimate where they were born. If an apprentice, where they were serving their apprenticeship or if in work had they worked there for more than a year. When a woman got married she took on her husband’s legal place of settlement but if widowed could revert to her original parish if she did not meet other criteria ie been in the parish a long time. If rent was more than £10 also entitled to legal settlement and if elected to parish office then you could stay.

From 1697 a certificate would be produced of place of legal settlement and when someone new moved into a parish they may be asked by the overseer to hand over the certificate. They certainly would be asked for it if they subsequently needed parish relief.

Parish were responsible for taking care of the poor and the aged within their boundaries. They also assessed rates, or taxes, to take care of many other public functions. This meant that when a new family arrived in the parish and shortly afterwards asked for assistance under the Poor Laws, parish officials often sought to have the individuals removed to the parish they had come from, on the grounds that the new parish was not responsible for them.

This meant that individuals who had been living within a particular parish for many years who suddenly fell upon hard times could be subject to questioning by the local officials as to how long they had lived there and what sort of ties they had that could prove that when they moved there their intention was to take up permanent resident there. A set of rules were developed to decide who could be removed and who should stay.

Individuals were known to use apprenticeship records from a number of years before, or other documents showing intention to reside in a location and be a contributing member of that society, in an attempt to prove that they belonged in that parish.

Removal order meant that the local constable was issued an order to escort the family being sent away from the parish to what had been determined to be their legal place of settlement under the Poor Laws. Settlement orders, of course, allowed the person to stay in the parish.

This way of proceeding, naturally, discouraged those who were poor from moving to another parish in search of work, as if they had reason to call upon the local parish for assistance at any time after moving there, they would either have to prove that they were entitled to settle there, or be removed back to their home.

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MILITIA RELIEF ORDER

Any man aged 18 to 25 who was fit could be directed to serve in the militia. They also served in this country.

VAGRANCY ORDERS – basically like removal orders. Vagrants could be moved from parish to parish

SCOTLAND – records can be accessed on Scotland’s People

The Presbyterian Church was the Scottish ‘national’ church and operated in much the same manner as the Church of England in terms of its function as an arm of the state in regulating local affairs. The terminology used, however, is different, due to the different church system.

The principal document of interest to genealogists in the parish chest records are the Kirk Session records. A Kirk Session was the body which dealt, among other things, with disciplinary matters in the local parish and operated as a form of ‘church court’. Composed of a local minister who served as moderator and a number of elders the kirk sessions dealt with the investigation of illegitimate birth, including interrogations of unwed pregnant women. Other types of behaviours warranting disciplinary action included, fornication, adultery, drunkenness, swearing, breaking the Sabbath and quarrelling.

Those found to have committed such infractions often were called up before the congregation to stand on the cuttie-stool while their behaviour was publicly announced and rebuked and they were enjoined to forsake their wanton behaviour. Fines were imposed on those with guilt. Monies collected was used to assist the poor – another area which the Kirk Sessions oversaw. Though the cuttie stool is normally a three legged stool in the church it was usually a slightly raised platform on which those accused would stand. Another sort of punishment which seems peculiarly Scottish was the use of the ‘joug’, when this punishment was meted out an individual was required to spend a certain number of hours with his neck enclosed in a metal ring on a chain fixed to the outer wall of a church.

The Minutes of the Kirk sessions may also contain reference to individuals of other faiths who misbehaved in the parish.

These have been released this year on scotlandspeople.gov.uk

MISCELLANEOUS

Other things that could be found in the parish chest include: Communion rolls Seat rent book Poor relief accounts Family papers in some cases documenting land transaction, dowries and other legal papers of wealthy families over a number of centuries. Registers of will or testaments and records of writs Records of monumental inscriptions

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