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.

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.

The Kirk Sessions - More than just fornication cases!

Canonbie Kirk as it is today

We often turn to the Kirk Sessions to look for cases of fornication when our ancestors were illegitimate. If it was discovered that a child was born to unmarried parents the couple would be brought before the Kirk Session, this was a group of men who would investigate ‘sins’ and discipline congregation members. The minutes of the Kirk Session are a wonderful resource when you are tracing your Scottish family tree and by far the most frequent cases are those of fornication but they are not the only ones you may come across.

While searching the records for a client today we found an entry in the Canonbie Kirk Session which is really very sad and quite different from the usual type of case. The entry has the National Records of Scotland reference CH2/1582/1/2:

1 August 1736

Canonbie Grave Yard 

“The session being informed that several people make graves in the church yard without acquainting the Beddel [Beadle] and sometimes encroach upon the property of others And John Armstrong having apprehended Gilbert Elliott in Broomiknow makeing a grave for a child of his complained to the Minester who ordered him to be summoned to the session which summons the session sustains and they resolve to rebuke him severely for his disorderly practice for a terror to others and if they do not desist to apply to Mr Lang chamberlane [likely Water Laing, chamberlain to the Duke of Buccleuch] to use his endeavours to prevent it But understanding that the said Gilbert is out of the countrey they order him to be summoned again to the session when he returns.”

Obviously you couldn’t have people going and digging up graveyards but it makes you wonder why the bereaved Gilbert Elliot had done it in the first place. Other than the fact that we learn that a daughter of Gilbert Elliot died (it doesn’t name the daughter) there is not a lot of genealogical information but it is interesting and it could help you understand your ancestors. So perhaps next time you are in the National Records of Scotland it may be worth looking at the Kirk Sessions even if you don’t have illegitimate ancestors!

Illegitimate Ancestor? Try the Sheriff Court!

Thanks to our wonderful volunteer, Margaret Hamilton, we now have an extensive index to ‘paternity’ cases found in the Sheriff Courts of southern Scotland.

What are we indexing

We are indexing cases where the mother of a child took the father to court for aliment, to help her provide for the child. In these cases the child is almost always illegitimate. The mother had to prove who the father was: It’s genealogical gold dust!

See our help pages for more information on how the process worked.

Coverage

At the moment we have indexed the following courts for the following years:

Dumfries 1830-1914

Duns 1830-1914

Jedburgh 1831-1892

Peebles 1837-1914

Selkirk 1830-1914

Update September 2014

Hawick 1894-1914

Kirkcudbright 1748-1765, 1830-1914 (excluding the years 1877-78, 1890-91 and 1907-09 which are missing from the original register)

Stranraer 1887-1914
Wigtown 1830-1914
Edinburgh 1830-1836

Searching

Searching our online collections is absolutely free and there is no need to register. If you wish to keep up-to-date you can subscribe to my newsletter.

You can search by any one or a combination of the following search fields:

Mother’s forename

Mother’s surname

Father’s forename

Father’s surname

Year of birth

Year of case

Tip

If a child is recorded in the census with a different surname to the mother it is probably the father’s surname, use it to narrow down the search results.

Search Results

Our online index gives comprehensive results:

Pursuer's Name, Occupation and Residence

Defender's Name, Occupation and Residence

Year the Child was born

Year of the Case

Name of Court

Seeing the full record

The index should be enough to identify records relating to your family. You can then order the decree from us for just five pounds. For the research fee of five pounds we transcribe the entry and email that to you along with digital images* of the decree.

It may also be possible to find additional court material, such as witness testimonies. If it is possible in your case we will advise you of this when we send you the transcription of the decree.

*Please note that any images given to you by Scottish Indexes of National Records of Scotland documents are provided for your own personal research and may not be published [including online] without the relevant licences/permissions being granted.

New logo

I'm really excited about our new logo. We've used a fairly standard tree for a while, which I do like but felt it was time for a change. Hopefully the new logo will be appearing on our website soon along with some new features and new collections. 

Coming soon:

Global search: At the moment you have to search all our collections separately, which may be what you want but sometimes it's useful to be able to search everything a website has.

New collections: As well as expanding our current collections we plan to add new data sets.

New packages: We'll be adding some basic starter packages, either to kick start your own research or to give as a gift.

New layout: Since designing our site it has grown a lot and it's now difficult to find what we have so we'll reorganise it a bit to make it more user friendly.

What I would like to know is what do you want? What changes can you suggest? What packages do you want to see?

Either add a comment or email me with your ideas, we would love to hear from you!

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

Annie Lennox's Scottish family tree

Last night's Who do you think you are? was really most enjoyable and a great introduction to Scottish genealogy. Featured in last night's show were the Kirk Session records of Braemar parish. These could have been a new type of record to you and perhaps it made you wonder if they could be of use to you. These records hold vast amounts of interesting information as well as containing useful genealogical data, as was ably demonstrated by the National Records of Scotland's Pete Wadley! (I see a glittering TV career in front of him!)

If your ancestor was illegitimate it is definitely worth looking but also if your ancestor was born shortly after the marriage there may be a case of what was termed as ante-nuptial fornication recorded. If you can't search these records personally we can make the search for you, all our searches in Edinburgh start at twenty-five pounds and many Kirk Sessions can be searched for that fee or perhaps a little more. We offer a free consultation and will give you an exact price for any research we suggest. Just email me info@maxwellancestry.com with the information you have and I will get back to you as soon as possible.

For a full review of last night's programe see Chris Paton's blog.