England Parish Boundaries, Probate, Tithes, and Witchcraft (National Institute)

Parish Boundaries
At Rogation or Ascension the church worthies would walk the bounds of the parish with some of the parishioners, usually men and boys, and often with representatives from contiguous parishes. Any disputes would be brought before the church courts.

Probate
From at least the 11th century probate in England had involved only personalty (goods and chattels) bequeathed by testament, since most real estate (land) was held by copyhold tenure and subject to manorial court procedures. Only gradually did land become devisable by will. However the term will was used rather loosely to include both will and testament, and the writer was called the testator or testatrix.

A holograph will was one written in the testator’s own hand, and a nuncupative will was one declared orally and witnessed by at least three persons who confirmed it within a fortnight at a probate court. Refusal to act as an executor for a will was sufficient grounds for a presentment to be made. All probate and testamentary matters, including proving a will or being granted letters of administration, submission of inventories, the validity of wills and appointment of guardians were dealt with solely by diocesan ecclesiastical courts prior to 12th January 1858, with one brief exception during the Interregnum.

Disputes over legacies, debts to creditors, conflicts over administration, and cases about the interpretation of wills can be found in higher church courts or may have been referred up to secular Chancery Courts. Such cases provide much information about various generations of the family, their trades, incomes, debts, and relationships with each other. A survey of the deceased’s property and an inventory of his chattels may have been ordered and retained in the file.

Sequestration
A legal procedure by which sequestrators were appointed to administer the emoluments of a vacant benefice for the benefit of the next incumbent (Friar).

Tithes
Recovery of tithes, rates (such as mortuaries) and offerings were a constant source of friction for the church, particularly with non- Anglican parishioners. They are therefore a good source of information about nonconformists and Roman Catholics. Disputes over tithes and church rates give an understanding of the complexities of land ownership, local tithing customs and even changes in cultivation. Tithes were commuted to a monetary payment (the tithe rent charge) in 1836 and recovery through temporal courts possible. However, church rates were compulsory until abolished altogether in 1868.

Witchcraft and Sorcery
It is hard to separate witchcraft and sorcery, although the following definitions may help:


 * Sorcery involved using magic arts, wizardry or enchantment.


 * White witchcraft was that in which wise men or women or conjurors used spells, and did magic healing, recovered stolen property etc.


 * Black witchcraft was evil-doing by supernatural means, supposedly from a covenant made with an evil spirit, and often thought to be the cause of illness, or sometimes, death.

Records from church courts indicate that most accusations stemmed from quarrels amongst neighbours, accompanied by threats and curses. In the Middle Ages if the intent was not serious the church courts imposed a light punishment, for example the stocks or pillory, or a penance in church.

However from 1542-1547, and again from 1563, it became a felony to invoke an evil spirit for any purpose, good or bad. Minor cases were tried at ecclesiastical courts, but more serious ones were referred to the assizes. Evidence of being in league with such an evil spirit was the possession of a devil’s mark (often a wart), or could be ascertained by trial by water where the accused was bound and thrown into a pond to see if she floated or sank. [If she sank she was innocent (and rescued), but if she floated she was guilty on the premise that the water had rejected her].

This trial by ordeal was used to support otherwise unsustainable village prejudices and superstitions about poor, elderly or eccentric women.

The death penalty was exacted for those found guilty of causing death by witchcraft and lesser offenders were imprisoned. There were periods of witch hysteria up to the mid- 17th century, and the last hanging (of a woman and her daughter of nine) was in 1712 (Saunders). The death penalty for witchcraft was abolished by the 1735, Witchcraft Act which was itself repealed by the Fraudulent Mediums Act in 1951 (Friar 2001, Saunders). In all about 500 people were hung for witchcraft, most of them women.

It is most likely that each generation of ancestors came into contact with church courts for at least one of these causes during their lifetime, so only a foolish researcher ignores these records.

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Information in this Wiki page is excerpted from the online course English: Court Records-Criminal, Civil and Ecclesiastical offered by The National Institute for Genealogical Studies. To learn more about this course or other courses available from the Institute, see our website. We can be contacted at [mailto:wiki@genealogicalstudies.com wiki@genealogicalstudies.com]

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