Research in England typically uses baptisms, marriages, and burial records, but other records can shed light on our ancestors. In part one, we looked at the parish chest; in part two, tax records; and in part three, wills and probate. In part four of this series, we will explore court records and how to locate them.
Part 4. Court Records
A well-known, though often underused, resource for British genealogy is court records. The courts weren’t just for criminal proceedings: they issued licenses, settlement papers, land transfers, and conducted a wide array of business that could be relevant to your ancestor. Different courts held different proceedings, so it’s important to know which is which and what records are available. Keep in mind that, depending on the time period, some of the records may be in Latin.
Quarter Sessions
Quarter Sessions (13th century-1972) is a court held four times a year for everyday business or grievances. Anyone could attend the Quarter Sessions, no matter their social status. This court has a rich variety of records, including the following:
- Lists of justices, bailiffs, high constables, and jurymen.
- Indictments (formal accusations) and depositions (written testimony of witnesses).
- Bonds (a monetary fee) to ensure defendants and witnesses appear at trial.
- Complaints, testimonials, and appeals on a variety of issues.
- Licenses granted for a variety of occupations, such as alehouse keeper.
- Removal orders for paupers (which “removed” them back to their home parish).
- Certificates of dissenters’ (i.e., non-conformist) meeting houses.
Quarter Session records are kept in the archives of their respective county, but you can also use the keyword field in the FamilySearch Catalog and search for “(county name) quarter sessions.” Findmypast also has searchable databases for Northamptonshire, Shropshire, Surrey, Wiltshire, and Yorkshire Quarter Sessions. For example, see the image below for details about William Hearld indicted for impregnating Elizabeth Walker out of wedlock in York in 1801.1
William Hearld indicted for impregnating Elizabeth Walker out of wedlock in York, 1801.
Chancery Court
Chancery Proceedings (14th century-1873) was a nationwide court that covered disputes over inheritance, land, debts, and other business, typically for the wealthy. In 1875, the Chancery Court was absorbed into the High Court of Justice. Chancery proceedings were sorted into bundles by the name of the Chancellor addressed and included the following records:
- Pleadings at the start of the case (cause books).
- Decrees and Orders
- Affidavits
- Depositions
- Petitions
- Master’s Papers (i.e., drafts of court records)
- Exhibits
- Court Funds
Chancery Court records are held at the National Archives, and an index to Chancery records (1386-1558) is included in the “England & Wales Criminal Registers, 1791-1892” database on Ancestry.
Assize Court
The Courts of Assize, or Assizes (13th century-1972), were periodic criminal courts that heard cases too serious for the Quarter Sessions. The courts were held until 1972 when, together with the Quarter Sessions, they were replaced by the Crown Court. Most of the English counties were covered by six Assize circuits:
- Home: Essex, Hertfordshire, Kent, Middlesex (Transferred to Oxford circuit in 1540), Surrey, Sussex.
- Norfolk: Bedfordshire, Buckinghamshire, Cambridgeshire, Norfolk, Suffolk, Huntingdonshire.
- Midland: Derbyshire, Rutland, Leicestershire, Lincolnshire, Northamptonshire, Nottinghamshire, Warwickshire.
- Oxford: Gloucestershire, Herefordshire, Shropshire, Staffordshire, Worcestershire.
- North: Cumberland, Northumberland, Westmoreland, Yorkshire.
- West: Berkshire (Transferred to Oxford circuit in 1540), Cornwall, Devon, Dorset, Hampshire, Oxfordshire.
The Assize courts have the following types of records:
- Indictments (charge against the defendant).
- Depositions (written testimony of witnesses).
- Gaol Books (names of prisoners with verdict and sentence).
- Order Books (orders made by judges).
- Assize Vouches (cost of maintaining a criminal).
- Treasury Warrant (sums paid to sheriffs).
- Criminal Biographies.
- Appeal Registers.
Many Assize court records are held at the National Archives. You can also access them at the “England & Wales Criminal Registers, 1791-1892” database on Ancestry and the Old Bailey website. For example, see the Criminal Register for Lancaster, 1849.2
Criminal Register for Lancaster, 1849
Ecclesiastical Court
The last court we’ll discuss is the Ecclesiastical Court (1384-1858), which dealt with matters as related to the Church of England. Every 3-4 years, a bishop would visit a diocese and address any court matters submitted by the parish churchwardens. If the diocese was too densely populated (like London), the bishop would assign a commissary court to handle the proceedings. These were called “Commissary Courts,” while the traditional visit by the bishop was called “Consistory Courts.” Any locations outside the bishop’s jurisdiction were called the “Peculiar Court.” You may find the following records within the ecclesiastical courts:
- Violence against clergymen.
- Defamation and perjury.
- Wills & Probate (see Part 3 of this blog series).
- Adultery and Illegitimacy.
- Marriage licenses.
- Professional licenses.
- Registration of Dissenter (i.e., nonconformist) meeting houses.
- Divorce.
- Tithes, appointments, and dismissals.
To find these records, determine the name of the court your ancestor’s parish belonged to (as discussed in Part 3 of this blog series) and search the keyword field in the FamilySearch Catalog for “(court name) ecclesiastical court.” Some ecclesiastical court records are also held at the archives for the parish’s respective county. See Depositions for the Diocese of Bath and Wells, 1726.3
Depositions for the Diocese of Bath and Wells, 1726
Hopefully this guide directs you to more quality information about your ancestor, especially where parish records prove unhelpful. One final court we have yet to discuss is the Manor Court, which will be covered in Part 5 of this blog series when we discuss Manor records: an essential resource for your early medieval ancestor.
Blog Posts in this Series:
Sources
- York (Yorkshire, England) Quarter Sessions, 1801-1826, p. 1, FHL Microfilm 2045939; digital image, “Catalog,” FamilySearch (https://www.familysearch.org/ : accessed June 2024.
- Lancaster (England) Assizes and Sessions, Register of all Persons Charged with Indictable Offenses, 1849, p. 110; digital image, “England & Wales, Criminal Registers, 1791-1892,” Ancestry (https://www.ancestry.com/ : accessed June 2024.
- Church of England Diocese of Bath and Wells (Somerset) Ecclesiastical Court, Depositions 1726-1733, p. 1, FHL Microfilm 2107265; digital image, “Catalog,” FamilySearch (https://www.familysearch.org/ : accessed June 2024.
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