Where are those Scottish records? …with Graham Jaunay

1. Where arethose Scottishrecords? …with Graham Jaunay

2. Some especially Scottish problems… • a Kirk schisms • Naming patterns • The Clearances

3. Scottish kirk and schisms Splits and Reunions of the Church of Scotland 1560–1929 The Established Church of Scotland experienced a large number of schisms and these break away groups in turn divided into further groups. This makes locating church records very difficult. Another problem for the researcher is the very lack of organisation and record keeping and failure to preserve many records.

4. Scottish Naming patterns • The following well-defined system was widely used throughout the country • and although there were many exceptions the further north the more likely the scheme was used… • eldest son takes paternal grandfather’s first name • eldest daughter takes maternal grandmother’s name • second son takes maternal grandfather’s first name • second daughter takes paternal grandmother’s name • third son takes father’s name • third daughter takes mother’s name • fourth son takes name of father's eldest brother • fourth daughter takes name of mother's eldest sister • fifth son takes name of mother's eldest brother • fifth daughter takes name of father's eldest sister • sixth son takes name of father's grandfather or eldest uncle • sixth daughter takes name of mother's grandmother or eldest aunt • This is a useful tool when faced with many common surnames. • Some highland families followed the practice so closely that a number of their children could share the same first name.

5. Scottish Naming patterns • Families living in former Norse areas and particularly the Shetland and Orkney Isles until relatively recently took their surname from their father’s first name in the following pattern… • John Rogerson’s son would take the surname Johnson • William Peterson’s son would take the surname Williamson

6. Scottish clearances Up until Culloden, a clan chief based wealth on the number of men at his disposal. After Culloden, with the loss of his powers, he needed paying tenants rather than soldiers. In the latter 18th century, chiefs started leasing their lands to graziers from the south—firstly to cattlemen and their black Highland cattle whose meat was required to feed a growing population. When Britain entered into long wars in America and Europe, there was a greater demand and sheep were introduced. Graziers looked for more land and Highland lairds had debts so the land was sold or leased and the former tenants were forced to move. Hundreds of small, uneconomic townships were cleared away, and the inhabitants were packed off either to poor land around the coast or to a new life in Glasgow or the colonies. Houses were often burnt down or demolished after the tenants left to prevent their return. Where resistance was met, constables were drafted in and people were forcibly evicted.

7. Locating records • pre 1855 birth/baptisms, marriage and deaths/burials • from 1855 birth, marriage and deaths • censuses • wills and testaments • valuation rolls

8. Scottish Parish Registers [OPR] Scottish parish registers are known as the Old Parish Registers and have been deposited at New Register House in Edinburgh. These are the registers of the Church of Scotland, a Presbyterian church. (Anglican churches were not officially permitted in Scotland until the mid 19th century. Such churches are part of the Episcopal Church of Scotland.) There were almost 1,000 parishes in Scotland but many of the old registers have not survived. Baptismal entries are typically more detailed than the English equivalents with the mother’s maiden name given. In Scotland there was no obligation to use the services of the Church to marry.

9. Scottish Parish Registers [OPR] Features: • scheme started 1553 following an enactment in 1552 by the General Provincial Council for Scotland. • only 22 registers begin before 1600 and most Scottish parish registers do not start until the second part of the 18th century, and some much later. • parish registers were usually kept by local ministers or sessions clerks and there are very few early records of burials. • some Scottish parish registers suffer from under recording of events through slipshod record keeping, and other factors also render some of them defective. The record keeping in some highland churches was notoriously casual. • no Bishops' Transcripts so there are no other sources to consult if parish registers are missing or considered to be defective. • 1662–1689 Established Church of Scotland switched to Episcopalianism, so many Presbyterian events were not recorded, or were recorded in separate covert Presbyterian parish registers, the majority of which have apparently been lost. • omissions were also caused by various other short-lived 18th and 19th century secessions from the Established Church. • parish registers also suffered in 1783 from an attempt to tax entries.

10. Scottish Parish Registers [OPR] New Register House has a computerised index to all the Scottish parish registers that it has custody of [for births and baptisms and for banns and marriages to 1854] and has paper indexes to a few of the registers of death and burial. The entries of Scottish OPR births/baptisms and marriages [no death or burial records] have been indexed by the LDS in 1990 on fiche and known as the OPR Indexes. • They are available at LDS Centres and SA Genelogy & Heraldry Society. They can be searched online at www.scotlandspeople.gov.ukfor a fee. Available for online purchase at: www.safhs.org.uk

11. ScotlandsPeople website

12. ScotlandsPeople website

13. Scottish Parish Registers [OPR]

14. Scottish Parish Registers [OPR] Because many people were not members of the Church of Scotland you will not find their records in the OPRs. You need to locate the appropriate non-Conformist Register. Many people never had their children baptised—they just could not afford it! Others went through the ceremony which was not recorded to save the tax! Available for online purchase at: www.safhs.org.uk

15. Scottish Vital Records [BDM certificates] Civil Registration commenced in 1855 and the certificates contain more information than the English and Welsh equivalents. The records are held at New Register House Edinburgh. A birth certificate contains the mother’s maiden name and from 1861 the date of marriage of the child’s parents. Marriage certificates contain full names of both mothers and death certificates of women give maiden and previous surname if the deceased had remarried. Other registers include marine registers of births and deaths; war registers including deaths of Scots in the Boer War and the two World Wars; and births, marriages and deaths in foreign countries. Various leaflets are available and updated annually at: www.scotlandspeople.gov.uk B&M 1855–1875 can be accessed via FamilySearch at LDS Libraries. www.familysearch.org

16. Scottish Vital Records [BDM certificates] What you will find on a birth certificate Child: name, sex, date, time & place of birth Mother: name & maiden surname Mother: occupation(until 1999 usually shown only if parents not married or no father's name given) Mother: age & place of birth (1855 only) Father: name & rank, profession or occupation Father: age & place of birth (1855 only) Parents: date & place of marriage (not from 1856 to 1861) Siblings: parents' other children, living or deceased – numbers and sex only (1855 only) Informant: qualification & signature (address if different from location of birth) Registrar: date & place of registration, signature

17. Scottish Vital Records [BDM certificates] What you will find on a death certificate Deceased: name, sex & marital status Deceased: date of birth (from 1966) Deceased: place of birth (1855 only) Deceased: rank, profession or occupation Deceased: how long in the District (1855 only) Deceased: date, time & place of death Deceased: age at death Deceased: causes of death Deceased: duration of disease (to 1964) Parents: name & rank, profession or occupation Parents: alive or deceased Spouse: name (1855, sometimes 1856 to 1860, then 1861) Children: names & ages at date of death or age and year of death if child pre-deceased parent (1855 only) Doctor: name of doctor certifying death Doctor: when last saw deceased alive (1855–1860) Burial: Burial place & name of undertaker (1855–1860) Informant: qualification & signature Informant: residence (1855 - 1965, then from 1972) Registrar: date & place of registration, signature

18. Scottish Vital Records [BDM certificates] What you will find on a marriage certificate Bridegroom: name & marital status Bridegroom: age (1855 - 1971) Bridegroom: date & place of birth (1855, then from 1972) Bridegroom: rank, profession or occupation Bridegroom: residence Bride: name & marital status Bride: age (1855 - 1971) Bride: date & place of birth (1855, then from 1972) Bride: rank, profession or occupation Bride: residence Couple: date & place of marriage Couple: if irregular marriage, date of conviction etc (1855–1965) Couple: relationship, if related to each other (1855 –1860) Parents: name including maiden surnames of mothers Parents: rank, profession or occupation Parents: alive or deceased Children: named for each former marriage (1855 only) Witnesses: signatures Witnesses: addresses (from 1922) Celebrant: signature Registrar: date & place of registration, signature

19. Scottish Vital Certificates

20. Scottish Cemetery records • Lair records are usually found in unexpected places dependent on: • • who administers the burial ground• who paid for the burial • Headstones are not common among poorer folk. • Many cemeteries in large towns have been resumed. Burn’s parents grave Old Kirk Ayr AYR

21. Scottish Census returns • Censuses were taken every decade as in England and Wales from 1841 and returns may be viewed at New Register House. • The censuses were taken on Sundays—the day of rest when most people would be at home, and referred to persons who slept in the house overnight, even if normally resident elsewhere. • The following dates apply: • 1841: 6/7 June • 1851: 30/31 March • 1861: 7/8 April • 1871: 2/3 April • 1881: 3/4 April • 1891: 5/6 April • 1901: 31 March /1 April • Various leaflets are available and updated annually at: • www.scotlandspeople.gov.uk • Censuses can be accessed at: • LDS libraries [1841–1891] • Online: www.scotlandspeople.gov.uk

22. Scottish Census returns

23. Scottish wills and testaments A full index to Testaments 1513–1824 can be seen at www.scotlandspeople.gov.uk. In this period commissary courts were responsible for wills. The geographical areas that they covered were based on the Pre-Reformation church courts and differ from modern administrative areas. Wills prior to 1513 have been lost. A testament describes all the documents relating to the executry of a deceased person. Every testament has an inventory of the dead person’s property. This may be a brief summary valuation of the goods involved, or it can be a long list of individual items and valuations. A few testaments (the minority) include a Will, a statement by the deceased person of how they wished their wordly goods to be disposed of among their family and friends. Where there is a Will, the document was known as a testament testamentar (the equivalent of English probate). If there was no Will, it was called a testament dative.

24. Scottish wills and testaments A full index to Testaments 1824–1913 is at www.scotlandspeople.gov.uk. Theoretically, from 1 Jan 1824 all but one of the commissary courts were abolished, and the business of recording testaments was passed to the sheriff courts. The Edinburgh commissary continued in this period to record testaments for Scots who died outside Scotland and could also record testaments for people who died elsewhere in Scotland. Before 1868, Wills could transfer only moveable property, while land and buildings could be inherited either by the recognised heirs procedure or by a deed of settlement. Will of Patrick Gilmour 15 Jul 1859

25. Scottish wills and testaments

26. Scottish valuation rolls Valuation Rolls record the value of land for each county down to parish level, together with the names of the proprietors. They provided the raw data to determine the appropriate levels of taxation.They cover the period 1855 to 1989 and are held in the National Records of Scotland (NRS). Remember that until well into the 20th century very few Scots owned landed property. A partial listing is at www.scotlandspeople.gov.uk.

27. Scottish valuation rolls Valuation Rolls record the value of land for each county down to parish level, together with the names of the proprietors. They provided the raw data to determine the appropriate levels of taxation. They cover the period 1855 to 1989 and are held in the NRS. Example of a Valuation Roll: Monikie ANS 1904–05

28. Scottish valuation rolls

29. We have looked at record access for… • pre 1855 birth/baptisms, marriage and deaths/burials • from 1855 birth, marriage and deaths • censuses • wills and testaments • valuation rolls • These are easily accessible for a fee from ScotlandsPeople… • Always buy the minimum number of credits and top up as required.

30. Other useful records • taxation records • sasines (say-zin) • deeds • crafts and trades • estate records • poor relief • law and order • These are not as easy to access! Check the following websites…

31. National Records of Scotland formerly the National Archives of Scotland and before that the Scottish Record Office • www.nas.gov.uk(includes online catalogue and fact sheets)

32. Local archives in Scotland http://www.scan.org.uk

33. Find an archive in the UK http://discovery.nationalarchives.gov.uk/find-an-archive

34. Scottish records at LDS Libraries Major items readily available include: Old Parochial Registers BMD indexes from 1855 to 1875 (IGI) BMD indexes from 1855 Censuses: 1841, 1851, 1861, 1871, 1881 (online) 1891, 1901 Search the online catalogue to get a full list of material available.

35. Scottish records at SLSA 1. You can search the online catalogue to reveal the details of the collection… Try genealogy and history in this field. Use specific words related to family history like birth, marriage, death, etc. 2. Collect the library fact sheet on Scottish Family History Resources

36. Scottish family history societies • The problem in contacting most societies is obtaining the current address as • many committees use private addresses. Check for a current address at SAGHS or at www.safhs.org.ukbefore writing. • • Aberdeen & North East Scotland Family History Society • • Anglo-Scottish Family History Society • • Borders Family History Society, • • Central Scotland Family History Society • • Dumfries & Galloway Family History Society, • • Fife Family History Society, • • Glasgow & West of Scotland Family History Society • • Hamilton & District Family History Society, • • Highland Family History Society, • • Largs & North Ayrshire Family History Society • • Scottish Genealogy Society 15 Victoria Terrace. Edinburgh EH1 2JL • • Shetland Family History Society • • Tay Valley Family History Society • • Troon & District Family History Society

37. We have looked at sites to access… • taxation records • sasines (say-zin) • deeds • crafts and trades • estate records • poor relief • law and order • What may we find?

38. Scottish taxation records Until the C17th, taxation was regarded as an extraordinary source of revenue levied for special purposes by the king monarch. Originally taxation fell on land and property with the barons, the burghs and the church sharing the burden. Details of late medieval taxation can be found in exchequer records but there are no actual accounts until James VI’s reign. In the C17th the government sought to broaden the tax base. Various early attempts included: Hearth Tax 1691–1695; Window Tax 1747/8–1798; Poll Tax 1693–1699 Commutation Tax 1784–1798 Inhabited House Tax 1778–1798l Shop Tax 1785–1789 Male Servants’ Tax 1777–1798; Female Servants’ Tax 1785–1792 Cart Tax 1785–1798; Horse Tax 1785–1798

39. Scottish sasines An instrument of sasine is a document that records the transfer of ownership (usually a sale or an inheritance) of a piece of land or of a building. It will normally detail the names of the new and previous owners and will give a basic description of the property transferred. There will usually be an indication of the price paid for the property.  General Register of Sasines1617 (ref RS1/1). It is in volume form and in Latin.

40. Scottish deeds A deed is a legal agreement, obligation or other document registered with a court. This is sometimes done for safekeeping but is more usually done to establish the basis of a legal right before proceeding to a related legal action. In registering the deed, the person presenting it paid a fee to a court clerk who copied the document into the register and then kept the original document. The original document was called the warrant. Deeds come in many forms for a multitude of purposes: Bonds—There are many types of bonds recorded, but in essence a bond is an undertaking by the granter to pay a certain sum to the grantee or to perform a certain action. Contracts—A deed by which both parties incurred obligations. Contracts could relate to moveable or heritable rights. Until the C20th century marriage contractit were quite common practice. Tacks—A contract between a proprietor and a tenant for a certain time on payment of a set rent. Factories—Where one party empowers another party to act on his or her behalf. Protests or bills of protest—Deeds created when a former deed was not honoured.

41. Scottish crafts and trades Craft guilds or incorporations were formed in the Middle Ages and were an important part of burgh life then and in later centuries. Each craft jealously guarded its own monopolies and standards of workmanship, acquired property to raise funds, provided for its own poor, shared the patronage of an altar to its patron saint in pre-Reformation times and a seat in the Kirk after the Reformation. Where records survive they are likely to include lists of members, accounts and minutes dealing with regulations, donations to poor members, apprenticeships and elections of officeholders and actions against outsiderstrying to trade in the burgh. Extracts from Paisley Weavers Burgess Roll 1747–1781 relating to Patrick Gilmour p109 30 Jan 1761 Patrick stood surety for 8 shillings and 8 pennies Scots for the cost of arms for John Robertson on his being made a Burgess. p270 15 Oct 1779 Patrick stood surety for 5 shillings and 8 pence halfpenny for arms for John Cochrane on his being made a Burgess. p295 Paisley 29th August 1764. The lair on the east side of the porch or session house and next to the east of Thomas Marshall merchant. The lair is sold to Patrick Gilmour weaver family for the sum of one pound one shilling sterling. One pound one shilling sterling is paid to John — — — —.

42. Scottish estate records If your ancestors worked the land, or even owned or rented property, then the surviving records of landed estates may provide useful sources. Locating surviving records for a particular locality is largely a matter of finding out the name of the landowner of the day and then checking the indexes and catalogues in different archives to see if records survive. Pictured: Documents and surveys from the Sutherland Estate papers (NatLibSct)

43. Poor relief The first acts to deal with the relief of the poor were passed in 1424. Most of these and subsequent acts in the C15th and C16th were aimed at dealing with the problem of ‘sturdy beggars’. Few records naming individuals survive from this period. After the Reformation the responsibility for the poor fell on the parish jointly through the heritors (local landowners) and the kirk sessions Following the Poor Law Amendment (Scotland) Act of 1845 parochial boards were set up in each parish to administer poor relief. Each parochial board had to keep a roll of the poor to whom it gave relief and these can contain a considerable amount of detail about each pauper—name, age, country and place of birth, marital status and details of wife and children. The records may also include applications for those who were not successful in receiving relief.

44. Scottish law and order The principal source for information on crime and criminals is the series of records of the High Court of Justiciary, the supreme criminal court in Scotland. The court has had exclusive jurisdiction over serious crimes, in particular murder, treason, heresy, counterfeiting and crimes of a sexual nature. Sheriff Courts commonly tried cases of theft and assault. There are usually separate criminal court records for cases heard by the sheriff with a jury. Franchise Courts were local courts where a person, usually the local landowner, held a franchise from the crown to administer justice in the area. The courts had both criminal and civil jurisdiction. Barony courts had a lesser jurisdiction and most of their business related to minor crimes, theft, damage to property and disputes between tenants. The Admiralty Court dealt with crimes committed on the high seas or in harbours, including smuggling, piracy and trading with the enemy. The records cover the period from 1557 to 1830, when the court was abolished.

45. Thank you for your attention You may like to read further articles by Graham Jaunay on Scottish research. Go to: jaunay.com Locate Scottish notes under the menu headed Articles