Did your ancestors work the land?

If your ancestor was a farmer, shepherd or agricultural labourer you may be able to find information in estate records. 

Families who owned large estates would need their own records. These might record who were their employees, or who rented their farms. These records can be useful when you are researching your family history. For example, it’s not unusual for a farm to be rented by generations of the same family. This can be crucial information for periods when there are no census records or there are gaps in church records.

Valuation Roll, Annan, Dumfriesshire, Scotalnd (1896-97)

In general, you are more likely to find records of farmers and shepherds than agricultural labourers. This is because the farmer would often sublet the cottages on a farm to workers, in fact, the cottage would probably come with the job. In this case, your ‘Ag Lab’ may not appear in the estate records. Having said that, records of this nature vary so if you are up against a brick wall it may be worth checking.

Step one is to find out the name of the estate and who owned it. There are a few ways to go about this. One way is to look at the Valuation Rolls, some of which are on ScotlandsPeople. They will tell you who owned a property, who was the tenant and who lived in it. Not all small properties are listed in the early years and they only go back to 1855. Although they were produced yearly, ScotlandsPeople has generally added the volumes ‘between the census years’ like 1855, 1865, 1875 etc. 

Another way to find out is to search the newspapers, this is particularly helpful for farms. If a farm was available for rent it will be listed in the newspaper and tell you which estate it was on. This is also interesting as it will tell you a bit about the land your ancestors farmed. 

Maps from the National Library of Scotland can also be very helpful. Ordnance Survey maps are good but there are also a growing number of estate maps available: https://maps.nls.uk/estates/

The Register of Sasines records heritable property being transferred.

In some cases, you may need to use property records. As these are not online, I try to use the other means already mentioned, but here is some information about Scottish property records: https://www.scottishindexes.com/learningsasines.aspx

Once you know which family owned the farm you can search for their estate records. The National Records of Scotland and National Library of Scotland both have large collections so they can be a good place to begin. 

Archives across Scotland also have their own collections of estate records. Either go to the archive for the area your ancestor lived or search the Scottish Archive Network catalogue: https://www.scan.org.uk/.

The National Register of Archives is another good place to look. The National Register of Archives for Scotland (NRAS) was established by the Scottish Record Office (now the National Records of Scotland) in 1946 to compile a record of papers of historical significance in private hands in Scotland. You can search this catalogue here: https://catalogue.nrscotland.gov.uk/nrasregister/welcome.aspx

One thing to remember is that often these records still belong to the family. Think of your small family archive, perhaps you have photographs of your great-grandparents or letters written to your granny. These are precious and belong to your family. Even if the letter mentions somebody else it’s still your letter and it’s up to you how it is used. It’s the same with estate records, they still belong to the family. Many estates allow access but they are not public records. This means that some may have restrictions on copying and publication. Make sure you find out what these are. 

Scottish Marriage by Declaration - Irregular Marriage - Sheriff Court Records

While you are researching your Scottish family history you will come across different wordings in the civil marriage registers (marriage certificates) that begin in 1855. These are the ‘Statutory Registers’ which you can search on ScotlandsPeople.

You may have seen, “After Publication according to the Forms of the Church of Scotland/Free Church/United Presbyterian Church of Scotland/Roman Catholic Church”. 

You may also see, ‘By Declaration in the presence of [names of witnesses].” In these cases, you will also see, “Warrant of the Sheriff Substitute of the [name of Sheriff Court]”.

I am including an image from ScotlandsPeople, which shows both of these types of entry on the same page. What’s the difference? Why is there a difference? Will the Sheriff Court records tell me more?

Until the mid-twentieth century, you could marry in Scotland by declaration. What does this mean? Basically, you said in front of witnesses that you were married and that was it; you were married. This was also known as an ‘irregular marriage’ (sometimes also referred to as a clandestine marriage) as opposed to a ‘regular marriage’ when a minister (or clergyman) performed the service.

An irregular marriage was quicker to arrange as the banns were not read. Although used by people throughout Scotland, it was perhaps the convenience of the marriage, along with the lower age requirement for marrying in Scotland without parental consent, that made places like Gretna Green on the border with England so popular for ‘runaway weddings’.

Both of these types of marriage were legal. The Church did not approve of irregular marriages and for that reason these frequently appear in Kirk Session records, but that’s a subject for another day.

Before 1855, when civil registration began, couples could declare in front of witnesses that they were married and that was that. 

After 1855, this type of marriage by declaration continued, but how was it to be recorded? To have the marriage registered the couple went to the Sheriff Court to receive a warrant. That warrant authorised the registration of the marriage.

Looking back at the marriage register is helpful here. We often make a dash for the names and dates but always take time to look at the headings. In the case of an irregular marriage, we see under the heading ‘When, Where and How Married’, the words ‘By Declaration in the presence of [names of witnesses].’

Another column heading is ‘If a regular Marriage, Signature of officiating Minister and Witnesses. If irregular, Date of Conviction, Decree of Declarator, or Sheriff’s Warrant.” Again in the case of irregular marriage, we usually see it completed, ‘Warrant of the Sheriff Substitute of the [name of Sheriff Court]’.

Are there corresponding records kept by the Sheriff Court?

Yes. These can be helpful, but not usually. Surviving records are generally found in the ‘Diet Books’ or ‘Minute Books’ of the sheriff court and are usually quite brief. In the example shown here, we see that the only extra information we are given is a bit more detail about the witnesses. I would never say not to follow the paper trail, just don’t get your hopes up.

Of course, there are often surviving church marriage registers post-1855 too which are occasionally useful. In general though, the information in the marriage register you can easily access on ScotlandsPeople will tell you just as much, if not more, than the corresponding church records. If you are up against a brick wall and can visit the National Records of Scotland, look at everything you possibly can.

Were all irregular marriages after 1855 registered?

There is evidence that they were not. I would like to do further study into this but occurrences in the Kirk Session minutes of the parish of Canonbie have been noted where a couple were reproved by the Kirk for being irregularly married and no corresponding record can be found in the marriage registers on ScotlandsPeople. 

Keep learning about Scottish genealogy by attending our free Scottish Indexes Conferences. The next is scheduled for 23 October 2021.

Breaking Down those Brickwalls: Scottish Sheriff Court Records

James Anderson - Crown copyright NRS SC5/8/434

An Amazing Discovery

We have found what may be one of our best discoveries ever! As evidence in an affiliation and aliment case (paternity case) there is an ambrotype (an early type of photograph) of the accused man dated pre-1860. It was bundled up in a box of court records.

The man pictured here is James Anderson, a wood carter who was living at Arbeadie Cottage, Banchory Ternan, Kincardineshire. (Click here to see the entry in our index - NRS, SC5/8/434). To make sure no damage comes to this amazing item the conservation branch at the National Records of Scotland have removed it from the bundle and work will now be undertaken to preserve this piece of history.

Example from another case NRS Ref: SC62/10/390

Court Records

For longer than we might expect, women have been taking the fathers of their children to court to compel them to pay maintenance for their children. In Victorian Scotland these cases were most often heard in the Sheriff Court. The most common type of case is ‘Affiliation and Aliment’, that is a case that proves ‘affiliation’ or paternity and decreed how much ‘aliment’ or maintenance should be paid by the father. If your ancestor was illegitimate their mother may well have taken the father to court.

Decree

At the end of most cases a decree would be made, this was legally binding. You could pay for an extract of the decree so that you could keep a copy. There were various reasons people might want an extract of a case but they were not always made.

From the 1830s most Scottish Sheriff Courts kept a volume of extracted decrees. So let’s say someone went to the court and asked for an extract, they would be given one and the court would write the extract into a book. We are indexing these books. See our coverage page here.

Processes

As well as the volumes of decrees the court would also keep the process, or paperwork, related to the case. These include witness statements and can include love letters. This week we found a case that included this ambrotype!

Birth Certificate

From 1855 all ‘affiliation’ cases which reached decree resulted in a correction being made to the register of births. This means that you usually know which court to start your search in. This particular case was settled, so it did not reach decree. This means that there is no note on the birth certificate naming the father of the child.

Indexing

With the help of a volunteer we are indexing the volumes of extracted decrees. Although these do not contain all cases, they do contain many of them. When a client orders a pre-1860 decree we let them know how many boxes we need to search to find the court process, or the more detailed paperwork. We charge £30 to search three boxes. As we search for the client’s case, we also note all other ‘paternity’ cases in the box and add them our index. If you would like us to search some records for you please get in touch.

This is what we were doing last Tuesday when we found the case that contained the ambrotype. The case can be seen here in our index. If you would like us to make a search for you just email me.

Brick Wall

Having an illegitimate ancestor is a major cause of family history brickwalls. We hope our indexing project will help break these down. If you would like us to search some boxes for you please just get in touch, I can’t promise to find a photograph for you but who knows what we will find!

Learn More

If you would like to learn more about Scottish Sheriff Court records or our indexing project, please see our Learning Zone.

Scotland's First World War Pensions Appeal Records

Work has begun on indexing Scotland's First World War Pensions Appeal records. Until now these records have been arranged by month of hearing. This means that unless you knew when the appeal happened you might have to search 288 boxes to find the paperwork for your ancestor! Not very practical. 

These records hold vital information for around 30,000 Scottish servicemen and the reports can help you understand what these men went through. Here is an example for you.

Name: George Blane

Unit, Rank and No.: 9th Btn. Seaforth Highlanders, Private, No. 4437

Date of Hearing: 5 January 1920

Age: 26

Last Address: 14 Mossvale Street, Paisley

Report and other documents from Paisley L.W.P.C.

Man’s Statement:

I enlisted on 10th September 1914 at Paisley Barracks and went to Fort George where I commenced my training. This training lasted till 23rd November, 1914 when I was finally discharged as no longer fit for service on account of having Chronic Bronchitis. This disability was brought on by constant exposure in very severe weather. I was wet through about twice a week, sometimes with the water running out of my boots and was only provided with one shirt and pair of drawers at the time and could not therefore change my underwear. Very often I had to stand in my trousers and dry my shirt before the fire. I hold that it was due to this condition of things that I contracted my disability. I never had bronchitis before I enlisted and was constantly on the road conducting my business as a general dealer, and through this Chronic Bronchitis I am no longer able to stand the exposure which is required of me.

Historical Search Room - National Records of Scotland

The above (reference PT6/2 held by the NRS) is just part of the record but it gives you a sneak peek at what will be coming. Find out more by reading the NRS blog.

If you want to find out more about the lives of your ancestors our genealogists can help. We can research in Scottish archives and help add colour to your family tree.

www.scottishindexes.com

Press Release - 40,000 ‘Lunatics’ - Scottish Genealogy Website Enables People to Discover the True Lives of their Ancestors

FOR IMMEDIATE RELEASE

40,000 ‘Lunatics’ - Scottish Genealogy Website Enables People to Discover the True Lives of their Ancestors

4 August 2017

Glasgow, Scotland – Today Scottish genealogy website www.scottishindexes.com move another step closer to their goal of indexing all historical Scottish mental health records from 1858 to 1915. This release means the index now has 40,000 entries from across Scotland and includes people from every walk of life.

John Rae Thomson - Facts Indicated by Others - “His mother states...that the boys hooted & ran after him in the street crying “daft Jock”. (More images available in the press kit)

These historic mental health records give the story behind the facts. A census record may tell you that your great-grandmother was in an asylum, but not why she was there and that’s what we really want to know. This project, lead by Scottish Indexes, is supported by a growing team of volunteers.

Emma Maxwell, genealogist at Scottish Indexes says, “Our mission is to help people not only research their Scottish family tree, but also understand the lives of their ancestors.”

George Patrick Baillie - Supposed cause -  A fall on his head as a child (More images available in the press kit)

The records being indexed by Scottish Indexes are held by the National Records of Scotland (NRS) in Edinburgh. Without an index they are hugely time-consuming to search and access to the records would usually mean a trip to Edinburgh. These records contain not just names, dates and places but personal information. For example the admission form of John Rae Thomson tells us that the supposed cause of his mental health problems was ‘Premature Birth’. The same record gives his mother’s account of how boys tormented this poor 26 year-old.

Viv from Scotland says, "Although I knew that some of my relatives were in mental health institutions, the indexes at Scottish Indexes and linked original records have allowed me to find out far more about their stories. I feel that I know so much more about these people, and the information is invaluable."

Ailsa from Australia says, “I have been using Scottish Indexes for quite some time now and found many references to my own family within them. They are great for me to use from Australia.”

ENDS

For further information please contact:

Emma Maxwell, Genealogist, Scottish Indexes, info@scottishindexes.com

Notes to the Editor

• We have prepared a press kit containing 15 images which can be used across all media platforms (download here: www.scottishindexes.com/press_kit.zip). These show full pages of the records and we have selected certain interesting sections of each page which we thought would be of particular interest to your readers. Each is embedded with a copyright statement (approved by the NRS) for your convenience. The examples given can be found in our index: MC7/1 p. 168  - John Rae Thomson and MC7/1 p. 173 - George Patrick Baillie

• www.scottishindexes.com is run by Scottish genealogists Graham and Emma Maxwell, a husband and wife team based in East Kilbride, Glasgow, Scotland. Indexes are created by Graham and Emma with the help of a team of volunteers. All indexes are free to view and the National Records of Scotland (NRS) reference is given so users can either access the documents without charge at the NRS, or purchase the service from Scottish Indexes.

• The original records being indexed by www.scottishindexes.com are held by the National Records of Scotland (www.nrscotland.gov.uk).

• Follow Scottish Indexes on Twitter (@scottishindexes) or Facebook (@scottish.indexes)

• Learn more about Scottish Mental Health Records in our Learning Zone: http://www.scottishindexes.com/learninghealth.aspx

• Read about what life was like in Scottish asylums on our website: http://www.scottishindexes.com/asylums

40,000 Scottish Mental Health Records

We have been working along with a very hard working team of volunteers and we have now reached a milestone in our project to index Scottish mental health records. We have indexed the first 40,000 entries.

If you have not used these records before you will be amazed by them. Sometimes the stories are sad, sometimes reassuring, but there are so many stories to tell. For example here is an excerpt from the entry of Jean McTavish or McAlpine. Jean was aged 60 and a widow, it seems that the ‘supposed cause’ of her health problem was intemperance. Below is an account of what a doctor observed. It seems she imagined herself to be only 26 years of age, and that she was a bird.

Reading these records makes the people come to life in our minds, I can almost picture poor Jean in front of the official, looking rather older than her 60 years perhaps, but all the while believing she was only 26. Granted, this record does not answer all our questions, but it makes Jean real. It tells us more than the basic records and it preserves the memory of poor Jean for her descendants.

Search at www.scottishindexes.com

For the Love of Genealogy - One Client’s Story

A client came to us recently with a birth certificate form 1855. On the document there is a correction to say that the Sheriff Court had reached a decree and named the father. Our client would like to find more information on this case: who wouldn't?

The problem is that the case was heard in Aberdeen. Unfortunately, the volumes of extracted decrees for Aberdeen Sheriff Court are largely missing (we have indexed the few remaining volumes which are held by the National Records of Scotland). The processes, a type of court document, do survive and they can contain very interesting information, we have even found love letters. The problem is that it can take hours of work to find the entry you need.

The NRS catalogue states about the Aberdeen Processes, “Some processes have been filed under dates other than year of Interlocutor (sometimes through misreading of the figures), but most will be found in the two years before or after that date.”

Our client decided she wanted to search for the 1857 processes. We began our search some months ago. As you can imagine, even in the 1850s, Aberdeen Sheriff Court was busy so there are a lot of boxes (you can see a photo of a box of processes on our website).

There are 10 boxes for 1857, to search 2 years either side (as is suggested in the NRS catalogue) would mean searching 55 boxes!

We have now searched 15 boxes, all the 1857 boxes and some either side. We have found 167 cases… but none of them are the case we are looking for.

The good news is that by making this search we have noted all these other cases so that you can now search these entries on www.scottishindexes.com. We want to say a huge thank you to the client who has helped us add these cases, and let you know that if you had an illegitimate ancestor in Aberdeen it may be worth searching our website to see what you can find. If you do find a case which helps with your research, take a moment to think about our lovely client who can’t find her case.

Where did your Scottish Ancestors Live?

New Abbey Village

Once you have found your ancestor’s entry in the census you may decide to find out more about the house and the general area where they lived. Here are a few sources that could help you.

The National Library of Scotland has a great collection of Ordnance Survey maps available for free on their website. If your ancestors lived in a town the high detail 1:500 scale maps might even show trees in your family’s garden! 

 NLS: http://maps.nls.uk

The ScotlandsPlaces website can add another piece of the jigsaw. Available for free on their website are the ‘Ordnance Survey Name Books’. These volumes give information about placenames and building names on the first edition Ordnance Survey mapping which took place in the mid-19th century. They also give a description of each place. An example is East Lodge in Dumfriesshire, Volume 1, “A small cottage one story high slat[t]ed & in good repair. Occupied by Mary Dalziel who keeps the gate. It is the property of the Trustees of Hoddam Castle it being at the eastern entrance of Hoddam Demesne.” 

ScotlandsPlaces: www.scotlandsplaces.gov.uk

Scottish property records, called sasines, can also add more detail. Sasines are held by the National Records of Scotland and from 1781 there are indexed abridgements which can be searched by place or name. These give a description on the boundary of each property and often mention the neighbours in this description. Don’t expect to find plans though, or at least not in the older records. The extent of each property is usually described in words. 

NRS: www.nrscotland.gov.uk

Using Sasines to Research Your Scottish Family History

Dumfries High Street

Scottish Property Records or Sasines (pronounced 'say-zin') can be a great way to trace your family tree: if your ancestors had property.

When property was transferred through purchase or inheritance a legal document called a sasine was created. As well as telling you where the property or land was they also give the ‘designation’ of the old and new owners. If the transfer is between family members this is particularly useful but even if it’s between unrelated people the clues can help you piece together your family story.

The great thing is that from 1781 Scottish sasine records are indexed. The register begins in 1609 and some counties have indexes before 1780 (there are some records before 1609 but they are incomplete). With the exception of burgh registers the sasines have digitally imaged by the National Records of Scotland.

National Records of Scotland

Obviously until the 20st century most Scottish families did not own property so this is not a resource that is universally useful. If your family did own property though the sasines are definitely worth consulting. You can read more about sasines on the National Records of Scotland website or get in touch and we can search them for you.

Scottish Adoption Records

The National Records of Scotland

One of our Frequently Asked Questions is: How can I locate adoption records? It comes as a surprise to many people that until 1930 there was no formal adoption process in Scotland. Formal adoption records are closed for 100 years but if you are the child concerned you can access your own records. See the National Records of Scotland’s website for details.

In most cases people ask us about adoption records because they have been researching their family tree and discovered that their ancestor was orphaned at a young age, raised by someone and record these ‘adoptive’ parents as their parents on a marriage certificate or other record.

In many cases the arrangements for an orphaned child were done on a private basis, perhaps the child was taken in by a relative, friend or neighbour. In some cases children were ‘boarded out’. These are usually cases where a child would have been in the poorhouse but rather the parish arranged for a local woman to care for young children, what we would call foster care today. Of course some children did end up in the poorhouse if there was nobody to care for them.

If this has happened to your ancestor, you may well want to find out more about the situation. Poor records are often the place to start. You can find a comprehensive list here, click the link ‘Records_of_the_Scottish_Poor.pdf’. This list, created by Scottish genealogist Kirsty Wilkinson will tell you which records exist and where to find them.

If you need any help get in touch and we’ll see how we can help you.

Scottish Kirk Sessions

The biggest problem I have in my work is that I am way too easily distracted! Here is an example. I was searching the Tongland Kirk Session Minutes (CH2/1244/2) in the National Records of Scotland the other day and found this very interesting entry from 2 September 1869:

Voluntarily compeared Ann Bird or Morton wife of Joseph Bird, Sailor who confessed that in the month of October last she gave birth to a child in uncleanness, she having been married in the month of July previous: On being admonished to be ingenuous and to speak the truth, she declared that Jonathan Turner was the partner of her guilt and the father of her child. Her husband Joseph Bird is known to bear testimony corroborative of the statement, and although disowning the paternity of the child has adopted it as his own. Having been solemnly admonished by the Moderator she was absolved from scandal.

Tongland Kirk

A search in the birth records found the birth certificate of the unnamed child. James Morton (or Bird) was born on 1 October 1865, and it is column 4 of his birth certificate which is the most interesting. Column 4 on a Scottish birth certificate gives the ‘Name, Surname, & Rank or Profession of Father, Name, and Maiden Surname of Mother And Date and Place of Marriage’. In this column on James’ birth certificate we read: “Ann Morton, married on 22nd July last to Joseph Baird, sailor who she declares is not the father of the child, & further that he was at sea for Months prior to 18 July 1868.”

A search in the census of 1871 shows that James (aged 2) was living with his maternal grandparents. I’ve not traced this family any further as I really should be doing research for clients but if you are related I would love to hear from you.

What do we learn from this? It is important to look at as many records as possible to get a full picture of what’s going on within a family, which can take effort. Historic Scottish birth certificates are available online but Kirk Session records are not (yet). For the time being you can access them in Edinburgh and various satellite locations around Scotland, including archives in Hawick, Aberdeen, Kilmarnock and Glasgow. There are other archives who also have access to the digital images, it’s worth checking with the National Records of Scotland to see if an archive near you has access.

The fact that the Church of Scotland Kirk Sessions are digitised is a great help but there is as yet no index to most of these minutes. Having said that, I wouldn’t have found this entry if I had used an index, when you browse a volume interesting entries jump out at you. If your family is from a small to medium-sized parish in terms of population, and you have access to the digital images, I would recommend browsing the volumes; who knows what you will discover!