Brickwall Service

Our 2-hour brickwall service is proving very popular. Most people find that on one of their lines they hit a brick wall. It may be that our experience or the access we have to Scottish records is just what you need to break through the brick wall and continue with your journey. If you have a brick wall why not give it a try, you could open up a whole new chapter of your family history. Either email me (just reply to this email) or look at our website for more information.

Genealogy Beyond the Internet

Every week more records are added to the hundreds of genealogy websites. Find My Past release new records every Friday. We add records as we index them and sites like Ancestry add their own records and index records from a large collection of other websites. Never has it been easier to research your family tree online.

The reality is however that what is online is just a drop in the ocean of the records that are available. In fact, the records that are not online are often the more interesting records.

We have indexed a small proportion of Scottish prison records but there is a lot more work to do! The National Records of Scotland hold some fascinating records, such as property records and deeds which can hold the key to unlocking your family history.

Sometimes though, in the records we have available, we have a clue. If we stop and think about the records we have easy access to we can open up a world of further possibilities.

Here’s an example. A client came to us recently because she noticed from the 1871 census that two of her relatives were in the Mossbank Industrial School. This was a tantalising piece of information, why were the boys there? How long where they at the school for? So many questions.

We were able to tell her that the records of the Mossbank Industrial School are held by the Glasgow City Archives at the Mitchell Library. Sadly there is no online catalogue but their website states that they have got records of pupils.

We were commissioned to go and investigate. We found that very detailed records survive for the school. The two lads were admitted in 1870 and are described as ‘Destitute’. We located another volume of records, this time discharge records and these were the most fascinating. On leaving the Industrial School regular information was sent back and recorded in the register. Here are a couple of entries I liked. “Doing Well, is employed in Mills. Stays with Father at Innerleithen. Had a letter on 23rd January 1874.” “Still doing well. Heard from him on the 31 March 1876”.*

I just love these wee piece of information. From the lads being released on licence in November 1873 right through to 1876 we can see that they did well; where else could we find these details?

The next time you are researching think about what the census is telling you, ask questions and try to find the records to answer them. If you need some help just get in touch and we can help. The above research was done for just £25. Hiring professionals doesn’t have to break the bank but could help you break down a brick wall. 

*This information is taken from items D-ED7/146/5/2 and D-ED7/146/3/1 both of which are held by the Glasgow City Archives.

OAP searches in the 1861 census

By 1913 searches were being made in the 1861 census (as well as the 1841 and 1851 census as discussed in a previous blog) to establish the age of claimants of the Old Age Pension. To begin with it was only used for the the most urgent cases. The reason for this is that time was needed to rebind the enumeration books, as the covers were thin. Conducting too many searches would be damaging to the books.

 Here is a letter from the Local Government Board dated 20th June 1913 to The Registrar General, New Register House.

 "Sir,

 I am directed to thank you for your Memorandum of the 27th ultimo giving the results of references made in the Census Returns of 1861.

 With reference to your letter of 10th instant on the general question of the availability of the Census Returns of 1861, the Board note that systematic reference cannot be undertaken for some time. I am, however, to append a further selected list of cases where an early search in the Returns of 1861 would prove most useful, and to say that if you can see your way to cause such a search to be made, the Board will be greatly obliged.

I am,

Sir,

Your obedient Servant

[signed] David Brown

Assistant Secretary"

A few pages on in NRS item number GRO5/779 we find the cases mentioned in the letter. I have transcribed four for you to see, there are a number more.

Click to view larger image

Interspersed with these more urgent cases are references to the need to update ‘Pensions form 16’ to include a section where the claimant can say where they were when the 1861 census was taken. An example of both the form in use until this point and the ‘new’ up-to-date form are included in these papers.

The search continues...

Sheriff Court records

If you have been doing genealogy for more than five minutes you will have discovered that our Victorian ancestors were not quite as well behaved as we may have have been led to believe. The number of children born outside marriage, or within weeks of the marriage astounded me when I began researching.

This can present a real challenge to the family historian. In Scotland a marriage certificate after 1855 will sometimes give both parents’ names even in a case of illegitimacy. Sometimes, though, even with a name of the father, finding him can be more than a little challenging, as so little information is given about him. This can lead to the inevitable brick wall.

There are various ways to overcome this, one being the Kirk Session records of the Church of Scotland and other Presbyterian churches. These were well explained in the episode of ‘Who Do You Think You Are?’ featuring Annie Lennox. These are certainly a very sensible first port of call.

As the nineteenth century progressed, the Kirk Session records tend to decline in usefulness as fewer people are recorded in them, especially in the larger towns. This also means a record of baptism naming both parents is unlikely.

There is however another, often overlooked, source available and that is the Sheriff Court records. The Sheriff Courts deal with criminal and civil cases, and in looking for paternity cases we generally begin with the records of civil cases. A good place to begin is the decree books, where these exist. These are usually neatly written volumes, covering at most a few years at a time. The decree records the outcome of the case and will be helpful in giving us a brief summary of the facts as established by the court. The disadvantage has been is that these records are often time-consuming to search. The National Records of Scotland (NRS) hold them, but as they are not stored in the same building as the search room they must be ordered in advance a day or two before your visit. All of this is could seem quite a hassle and you have no guarantee of finding anything.

That is why I am so pleased to tell you that we have uploaded a new set of records to our website: Paternity Cases in the Decree Books of Jedburgh Sheriff Court. Our index to these records has been produced with the kind assistance of Margaret Hamilton. The books have been searched for paternity cases where the mother of an illegitimate child is taking the father (or his relatives) to court to receive aliment for the child.

You can search our court records page by mother or father and see if there is a case relating to your ancestors:

www.maxwellancestry.com

You can search by mother’s name alone, or by father’s name alone to see if your ancestor is in the database. You can also search by year to narrow down the results. Once we expand the database I will prepare some ‘how to’ guides. Follow me on Twitter to keep up-to-date @maxwellancestry

Grand Local & Family History Fair: Celebrating Lanarkshire 2013

We had a stall at the Grand Local & Family History Fair: Celebrating Lanarkshire 2013 yesterday, hosted by the Lanarkshire Family History Society. It was a marvellous event, well organised, well attended and full of interesting stalls.

As usual we were spending the day helping people unlock their family secrets. Graham helped a number of individuals through the free 30-minute genealogy consultations. Using his experience he managed to help a number of people overcome a brick wall so that they could continue their research.

We also encouraged a number of people to enter the world of prison records. Our free online index can unlock a part of your family's history hidden for over a century! The register itself tells you basic details such as name, address, age, place of birth and religion but also tells you details you are unlikely to find on any other record such as height, appearance, hair colour, eye colour, education and of course offence.

Whilst interesting in itself the prison register gives the date of a trial (if there was one) which means you can then go to the relevant court papers and find out more details about the offence and the people involved. Quite regularly the court documents will name family members or give some other clue to assist your research as well as offering a fascinating glimpse into the life of your ancestor.

With a huge array of stallholders there was definitely something for everybody at this event. I hope this becomes an annual occurrence!

Scottish Monumental Inscriptions

After the fair was over the members of the Scottish Genealogy Network met for our monthly meeting. It was great meeting some for the first time and putting a face to the name. If you are looking for a professional genealogist look out for the Scottish Genealogy Network logo on their website or blog!

Scottish Genealogy Network

Illegitimacy and the Sheriff Court

A few months ago we were approached by an individual researching a child born in 1856. Originally the child was registered as Donald Smith, son of Agnes Smith, illegitimate and no father’s name mentioned. The entry has been amended,however, to say that on the 15th day of August 1859 at the Sheriff Court of Aberdeen it was decreed that Donald Ross of Upper Kirkgate, Aberdeen, was the father.

At first glance this seems great, we can identify the father. Unfortunately, though, an inspection of the census and other records did not successfully identify Donald Ross.

The next step was to look at the decree books for the court. Sadly,however, in Aberdeen for this period they are missing. There are court minute books but these simply gave us the date of the decree (which we knew from the birth certificate anyway) and the solicitor of the pursuer, an interesting detail but not terribly helpful. If we had been able to see the decree books it may have told us enough information to identify the father, and it may also have told us when the court case began.

The only other option is to consult the court processes. In a nutshell the processes are the surviving paperwork for each case, and they would therefore likely give an address and occupation for Donald’s father.

The problem: as indexed by the National Archives there are 11 boxes for 1859! Starting at SC1/11/774 I searched these boxes, but I didn’t find it. In consultation with the client we continued to search back through the boxes, and eventually we reached box number SC1/11/749 (25 boxes later).

This was a time consuming search, and many would have given up. Not only did it cost the customer to pay for us to conduct the search but as any individual can only pre-order 12 items into the National Archives from TTH (where these records are out-stored) on any one day, it took a number of trips.

As I said though, eventually we found the record, and what did it tell us? It gave us the address, occupation and mother’s name of Donald Ross. It also contained statements and witness testimonies which gave a very detailed description of the relationship between Agnes Smith and Donald Ross.

Donald Ross appealed the case but lost. The question is, did the court make the right decision? Our customer is now tracing descendants of Donald so a DNA test can prove it once and for all.

If you need help with your research just get in touch.

www.maxwellancestry.com

The 1831 census of Jedburgh is now transcribed

As we all know the 1841 census is the first Scottish census which has survived throughout almost all of Scotland, however there are some pre 1841 censuses that do survive and some are very detailed. We have just published the 1831 census of Jedburgh in Roxburghshire. You can buy it directly from Maxwell Ancestry for just £8.99. Follow this link for a free list of  the surnames contained in the book: http://www.maxwellancestry.com/ancestry/publishing/names/31792.htm

Only basic statistical information was required to be submitted for each parish in the censuses prior to 1841. Very few listings containing the names of individuals, therefore, have survived.  In the case of Jedburgh parish, what has survived is simply a listing of heads of households, followed by statistics about their household. As the manner in which the data was collected in these early census years was left up to each individual schoolmaster to decide for himself, there is no standard way the information is laid out. We have followed closely the format the original material is laid out in.

The population of Jedburgh parish in 1831 was 5.647, with 1,227 households listed. The record is split into two sections, one for the burgh (population 3,617) and one for the landward part of the parish (population 2,030). The burgh section includes the houses within both the ancient Royal Burgh and the Parliamentary Burgh boundaries. The Burgh section includes frequent additional information in the ‘Remarks to enable to answer additional Queries’ column, but unfortunately this has not been filled in for the landward section of the parish. In the ‘Remarks’ column, frequent reference is made to ‘above’ and ‘below’. This refers to other individuals in the household other than the household head, above or below the age of 20 years, engaged in occupations to be recorded for the census statistics. If another occupation is listed in the remarks column, and the ‘Males above 20’ column is higher than one, the additional occupation(s) are likely to be for the other adult males in the household.

John Flynn the Vagabond

Looking through the Kirkcudbright Sheriff Court Records of Criminal Trials April 1858 to March 1859, as you do, I found the following case which interested me. This is just one the thousands of criminal trials from the South of Scotland. We hope to produce an index but in the meantime we can easily search them for you; just email me: emma@maxwellancestry.com

This criminal court material has been bound but originally was folded. When folded the following would have been seen form the outside to inform as to the bundle’s contents (it now appears in page 34 of the book: NRS reference SC16/51/16 pages 29 to 34).

SCHEDULE, No. 1.

Punishment for Desertion of Wives,

and Refusal to Maintain Ille-

gitimate Children

_______________

Petition and Complaint

of

John Thomson

Inspector of the Poor of the Parish of

Girthon

Against

John Flynn, now or

lately residing in Castle

Douglas

[Page 29 of book]

Unto the Honourable The Sheriff of the County of Kirkcudbright or His Substitute. The Petition and Complaint of John Thomson, residing in Gatehouse-of-Fleet Inspector of the Poor of the Parish of Girthon in the County of the aforesaid, with concourse of George Hamilton Esquire Procurator Fiscal of the said County:

Humbly Sheweth,

Than and Act was passed by the Scottish Parliament in the year One thousand five hundred and seventy-nine, Chapter Seventy-four, intituled. ‘An Act for Punischment of Strang and Idle Beggars and Reliefe of the Pure and Impotent.’

That by Statute Eight and Ninth Victoria, Chapter Eighty-third, passed of date the Fourth day of August, One thousand eight hundred and forty-five, intituled ‘An Act for the Amendment and better Administration of the Laws relating to the Relief of the Poor in Scotland,’ it is enacted, Sction Eightieth, ‘That every Husband or Father who shall desert or neglect to maintain his Wife or Children, being able so to do, and every Mother and every putative Father of an Illegitimate Child, after the Paternity has been admitted or otherwise established, shall refuse or neglect to maintain such a child, being able to so do, whereby such a Wife or Children or Child shall become chargeable to any Parish or Combination, shall be deemed to be a Vagabond under the provisions of the aforesaid Act of the Scottish Parliament, passed in the Year One Thousand five hundred and seventy-nine, and may be prosecuted criminally before the Sheriff of the County in which such Parish or Combination or any Portion thereof is situated, at the Instance of the Instance of the Inspector of the Poor of such a Parish or Combination, and shall, upon Conviction, be punishable by Fine or Imprisonment, with or without hard Labour, at the discretion of the said Sheriff.’ That

John Flynn Labourer now or lately residing in Castle Douglas and now or lately working on the Castle Douglas & Dumfries line of Railway.

has been guilty of a breach of the said Enactment, in so far as*

That the said John Flynn is the Husband of Ann Colquhoun or Flynn presently residing in Gatehouse of Fleet in the parish of Girthon, and


*Here insert the narrative of the particular offence, taking care to observe the description in the Statute, particularly narrating - 1st That the part is Husband or Father or Putative Father, or the Mother, as the case may be; 2d. The desertion or neglect, or refused to maintain being able so to do; 3d. That the Wife or child has thereby become chargeable to the Parish.


[Page 30]

is the father of the three children born by her to [date.?? (obscured by binding)] That the said John Flynn has for some time de[serted] his said wife and children, and refuses, or ref[used] to maintain them although he is perfectly able so to do; That in consequence of the said desertion and refusal or neglect by the said John Flynn the said wife and children have become charge[able] to the said Parish of Girthon, and the pet[itioner] the said John Thomson has has advanced and i[s] still advancing sums of money for the suppo[rt] of the said Wife and Children.

The Petitioner herewith produces Extract from Marriage Register Kept by the Roman Catholic Clergyman at Dalbeattie of Marriage between the said John Flynn & Ann Colquhoun

That therefore the said John Flynn
ought to be punished in terms of the foresaid Enactments.

May it please your Lord to consider the foregoing, and in respect of what is before stated, to grant warrant to Officers of Court and Assistants, to apprehend the person of the said
John Flynn, and to bring him before you to answer to this Complaint ; and thereafter, upon what has been therein stated being either admitted or proven, to Decern and Adjudge the said John Flynn, as a Vagabond in terms of the before recited Statutes, to forfeit and pay such fine, not exceeding £10 Sterling, as to your Lordship may seem proper, and, in the event of failure to pay the same, to grant Warrant to imprison the said John Flynn for such period, not exceeding 60 days, as your Lordship shall fix, unless paid before the expiration of such period, or to Decern or Adjudge the said John Flynn to be imprisoned in the Common Gaol or House of Correction of Kirkcudbright and for such period, not exceeding 60 days, as to your Lodrship may seem proper, and grant Warrant to imprison him accordingly, or to do otherwise in the premises as your Lordship may see cause, all in terms of the foresaid Acts of Parliament.

According to Justice, &c.

John Thomson


14 March 1859
Wants concurrence
Henry Hamilton Pror. Fiscal

[page 31]

At Gatehouse on the 5th day of April 1845 John Flynn and Ann Colquhoun were married by me in the presence of Bartlry McKenna, Samuel Rogers and others - (signed) John Strain.

Extracted from Marriage Register this 24th day of March 1859.

Alexander Gordon

Dalbeattie
24 March 1859



[page 32 back of page 31]

Certificate of Marriage
Between
John Flynn
&
Ann Colquhoun
5 April 1845

Produced with
Petn. & Complt. of Inspr.
of Girthon v John
Flynn



[page 33]

Having considered the foregoing Petition and Complaint, grants Warrant to Officers of Court and their Assistants to apprehend the person of John Flynn complained on, and to bring him before the Steward or his Substitute for examination, and to answer to the complaint.

(signed) W H Dunbar
Kirkcudbright 31 March 1859


At Kirkcudbright the eighth day of April,
Eighteen hundred & fifty nine years
In presence of W. H. Dunbar. Esq. Steward Substitute
of the Stewartry of Kirkcudbright

Compeared the Prosecutor John Thomson with his
Agent W. S. Ewart, Writer in Gatehouse. Compeared also
the said John Flynn and the foregoing Complaint having
been read over to him he answers that he is not
guilty of the charge therein contained.

(signed) John Flynn                  (signed) W H Dunbar

The prosecutor adduced the following Witnesses in
support of the Complaint who were examined upon oath:-

Ann Colquhoun or Flynn, residing in Gatehouse.
John Thomson, Inspr. of Poor, Gatehouse.
The prrosecutor adduced his Proof
(signed) W. S. Ewart Pror.

The pannel stated that he had no evidence to adduce in exculpation.
(signed) W H Dunbar



[page 34]

Kirkcudbright 8th April 1859. The Steward Substitute finds the pannel the said John Flynn guilty of the charge set forth in the foregoing Petition and Sentences and Adjudges him to be imprisoned in the prison of Kirkcudbright for the period of Sixty days from this date with hard labour, and grants warrant to all concerned and Decrees.

(signed) W. H. Dunbar

Church Denominations

As regular readers will know we have been publishing birth, marriage and death records which have been kept by non Church of Scotland churches. These are a very important source of information. Although the established church, the Church of Scotland, were supposed to keep a record of all births, marriages and deaths which took place in the parish in reality this did not always happen.

To understand more fully what was going on, how many denominations where in existence and therefore have a chance of finding your ancestors have a read at Chris Paton’s blog: Walking in Eternity. Chris also tells us he is writing a book entitled "Discover Scottish Church Records" which may help you in your quest to dig deeper into the past.

If you still need help though to find a specific elusive character in your family tree please email me and I’ll see what we can do for you. We give a free consultation to everybody!

info@maxwellancestry.com