Author Topic: Parish of birth given on certain legal documents  (Read 1095 times)

Offline dobfarm

  • RootsChat Marquessate
  • *******
  • Posts: 7,628
  • Scarcliffe village Derbyshire
    • View Profile
Parish of birth given on certain legal documents
« on: Tuesday 11 October 16 06:41 BST (UK) »
Its a long time ago, I read in a book that the parish of birth had to be stated on certain legal documents as well as residence parish but can't remember where I read it. ???

Has anyone else ever come across this in a book or have knowledge of legal doc's 18th/19th century

 :)
Census information Crown Copyright, from www.nationalarchives.gov.uk
Any transcription of information does not identify or prove anything.
Intended as a Guide only in ancestry research.-It is up to the reader as to any Judgment of assessments of information given! to check from original sources.

In my opinion the marriage residence is not always the place of birth. Never forget Workhouse and overseers accounts records of birth

Online Gadget

  • RootsChat Marquessate
  • *******
  • Posts: 55,834
    • View Profile
Re: Parish of birth given on certain legal documents
« Reply #1 on: Tuesday 11 October 16 09:24 BST (UK) »
It could be to do with the early  poor law - particularly the Settlement and Removal Act in which a person could be removed to his/her birth parish which would be responsible for parish relief.

I found this with some of my husband's ancestors in 18th century - they were moved from a parish north of Bath to their birth parish near Salisbury.

Gadget

Added - the documents were called Settlement certificates - see https://en.wikipedia.org/wiki/Poor_Relief_Act_1662
Census &  BMD information Crown Copyright www.nationalarchives.gov.uk and GROS - www.scotlandspeople.gov.uk

***Restorers - Please do not use my restores without my permission. Thanks***

Offline dobfarm

  • RootsChat Marquessate
  • *******
  • Posts: 7,628
  • Scarcliffe village Derbyshire
    • View Profile
Re: Parish of birth given on certain legal documents
« Reply #2 on: Tuesday 11 October 16 14:13 BST (UK) »
I seem to remember a little more, in some cases marriage by licence, bond and allegation intent to marry, the marriage of the couple had to take place in the parish of birth of the bondsman who puts up the bond fund. Then the book went about the importance of the parish where people were born in their future in matters of legal -whatever ???
Census information Crown Copyright, from www.nationalarchives.gov.uk
Any transcription of information does not identify or prove anything.
Intended as a Guide only in ancestry research.-It is up to the reader as to any Judgment of assessments of information given! to check from original sources.

In my opinion the marriage residence is not always the place of birth. Never forget Workhouse and overseers accounts records of birth

Offline Little Nell

  • Global Moderator
  • RootsChat Marquessate
  • ********
  • Posts: 11,673
    • View Profile
Re: Parish of birth given on certain legal documents
« Reply #3 on: Tuesday 11 October 16 21:10 BST (UK) »
Quote
in some cases marriage by licence, bond and allegation intent to marry, the marriage of the couple had to take place in the parish of birth of the bondsman who puts up the bond fund

Really?????  First I've heard of that.  If true, I may need to revisit some marriage allegations where one of the bondsmen was also the groom.

Nell
All census information: Crown Copyright www.nationalarchives.gov.uk


Offline stanmapstone

  • RootsChat Marquessate
  • *******
  • Posts: 25,798
    • View Profile
Re: Parish of birth given on certain legal documents
« Reply #4 on: Tuesday 11 October 16 21:50 BST (UK) »
The only requirement was that the the marriage had to take place in the parish church stated on the licence, and that in the affidavit the groom had to have had his usual abode in the parish for the space of four weeks "last past". (later fifteen days) A bondsman could be anyone, and not necessarily a relative.
 According to various books some second Bondsman were usualy a legal fiction, "John Doe" and " Richard Row" having offered more collateral than anyone.
You can see examples of a Marriage Bond, Allegation, and Licence at http://www.rootschat.com/forum/index.php/topic,438148.msg3016813.html#msg3016813
See also https://familysearch.org/learn/wiki/en/Marriage_Allegations,_Bonds_and_Licences_in_England_and_Wales
Stan
Census Information is Crown Copyright, from www.nationalarchives.gov.uk

Offline dobfarm

  • RootsChat Marquessate
  • *******
  • Posts: 7,628
  • Scarcliffe village Derbyshire
    • View Profile
Re: Parish of birth given on certain legal documents
« Reply #5 on: Tuesday 11 October 16 23:48 BST (UK) »
What happened, was I had found a marriage by licence of a couple who married in a parish in another county, but both were from parishes and baptised in Yorkshire, on enquiring at York, they said under certain rules or conditions of some cases of these intent to marry by bond, they had to marry in the bonds mans parish of birth and they loaned me a book on the subject. It was in this book, it went on about the importance of the parish of birth and commitments to the welfare, legal responsibilities of that parish authority over their parishioners born there, that parish was responsible for that persons for life, then went into pages of legal jargon of the times, but it did refer that in legal concerns the parish of birth was the their parish put on records and  their parish of residence as their address. It showed this more with the poor but it still covered all people born in that parish irrespective of status or wealth. I read the book, took back, it was about 15 years and forgot about till now, as we are looking for a ancestor on a RC member who appear in Selby Yorkshire 1812 as cooper by trade, married 1815 there, changed trades along with his cooper trade business also in businesses as straw hat maker (Wife), tanner, brewer, dealer of wines, booze,  & grocer and died 1845 in Selby. but no record of his burial or his wife in 1879, in Selby. Anyway I remember this book and thought being a local businessman, there maybe some some legal documents and may give his parish of birth to find his origins. Hence my post enquiry.

 :)
Census information Crown Copyright, from www.nationalarchives.gov.uk
Any transcription of information does not identify or prove anything.
Intended as a Guide only in ancestry research.-It is up to the reader as to any Judgment of assessments of information given! to check from original sources.

In my opinion the marriage residence is not always the place of birth. Never forget Workhouse and overseers accounts records of birth

Offline barryd

  • RootsChat Marquessate
  • *******
  • Posts: 3,709
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Re: Parish of birth given on certain legal documents
« Reply #6 on: Wednesday 12 October 16 05:09 BST (UK) »
In the later 1790's to 1812 Parish Registers for Churches under the Bishop of Durham, Shute Barrington,  had both parents birthplaces included in baptism records for their children.

http://debrettancestryresearch.com/bishop-shute-barrington-and-the-english-parish-register/

Offline stanmapstone

  • RootsChat Marquessate
  • *******
  • Posts: 25,798
    • View Profile
Re: Parish of birth given on certain legal documents
« Reply #7 on: Wednesday 12 October 16 09:44 BST (UK) »
It was in this book, it went on about the importance of the parish of birth and commitments to the welfare, legal responsibilities of that parish authority over their parishioners born there, that parish was responsible for that persons for life,

As previously stated this will be to do with the Act of Settlement, and the Old and New Poor Laws, which you can read in detail at http://www.workhouses.org.uk/ Normally the parish of birth was the place of settlement, but settlement could be acheived in another parish under certain conditions.

The question of Settlement came up as late as 1926/1934. There are two reports in "The Times"  of  cases in the House Of Lords.
Nov 23, 1926 Poor Law: Settlement Of Illegitimate Child., Wycombe Guardians v. Bartonupon-Irwell Guardians.
(Boards of Guardians, legally ceased to exist on Monday 31st March 1930.)
Friday, Jul 20, 1934 House Of Lords Poor Law: Settlement Of Adopted Child, Coventry Corporation V. Surrey County Council whether the child aquired a Poor Law settlement under section 93 (4) and section 86 (1) of the Poor Law Act 1930.

Stan
Census Information is Crown Copyright, from www.nationalarchives.gov.uk

Online Gadget

  • RootsChat Marquessate
  • *******
  • Posts: 55,834
    • View Profile
Re: Parish of birth given on certain legal documents
« Reply #8 on: Wednesday 12 October 16 09:49 BST (UK) »
See also my reply #1 about the Act of Settlement.
Census &  BMD information Crown Copyright www.nationalarchives.gov.uk and GROS - www.scotlandspeople.gov.uk

***Restorers - Please do not use my restores without my permission. Thanks***