Using the York Cause Papers for Family History

As a family historian I’m always on the look-out for record collections that add some colour to the past lives I’m researching. Sources such as parish registers, general registration and census records are indispensable sources, but on their own they can only give a small number of clues to the life a person led. Sometimes that may be all you’re looking for, but I generally find that once you have an outline view, you become hungry to find more about the person. How did they live? What was their personality like? What did they do in their life? What were their beliefs? Who were their friends? How did they interact with others? What did they own? The list goes on…

Dioceses of the Church of England between the
Reformation and the mid-19th century

I recently had my eyes opened to the documents from the church courts of the Archbishop of York. Known as the York Cause Papers, these documents hold information on people mainly living in the Diocese of York, and the Northern Province and run from 1300 to 1858. The papers are well known and well used by academics researching church, legal and medieval history, but less so by family historians researching the lives of specific individuals or families. Certainly, I’d always felt a little intimidated at the prospect of delving into them and feared that I could spend a lot of time finding very little!

I was looking for a project subject for my studies at the University of Strathclyde, and Alexandra Medcalf from the Borthwick Institute showed me the papers for the cause of Hannah Willmott from Ellerburn. Hannah died in 1820 without leaving a will and had no immediate next of kin. Administrators carried out the initial distribution of her estate, but the scale of wealth she had inherited meant that lots of people started to come out of the woodwork, disputing the actions of her administrators and staking a claim to a share of the estate. The detail of Hannah’s cause deserves a blog post of its own, but what really challenged my preconceptions about Cause Papers were the records I found in this case: 5 detailed family trees, more than 60 “certified” copies of parish register entries and 30 witness testimonies giving vivid descriptions of individuals and events.

Examples of copies of parish register entries and an excerpt from a genealogical chart, TEST.CP.1820/3

With more than 15,000 causes and appeals in the overall collection, I suspected that there could be great potential locked into the records, so I had to find out more. The courts heard causes relating to probate, marriage, immorality, defamation and tithes, and I felt that the probate records could hold details of particular interest to a family historian. And so my project was launched!

I spent time building a high-level view of the entire Cause Paper catalogue, then looked in detail at a selection of testamentary (probate & administration) causes dated between 1733-1858. Here are some of the things I found in the causes I looked at:

A relatively large number of people can be found in the collection. Across the 100 causes I looked at in the catalogue, I found 720 named individuals. Causes most often involved only 2 participants, but some (admittedly exceptional) causes had more than 30 people involved. The average number of participants was 7 people per cause. Looking more broadly, and with 15,000 causes in the full collection, it means that there is the potential to find details for more than 30,000+ individuals (possibly up to 100,000). Although this is not a large number when compared to collections such as parish registers or census records, when considering the relatively humble background of those listed, and the periods covered, this is a significant collection.

The individuals came from a wide range of backgrounds. The occupations of people involved in causes were not just limited to legal or church officials. They also included producers (e.g. agricultural workers), manufacturers (e.g. clothing, food, construction), sellers and dealers, professionals and transport workers. This is great news for family historians, as biographical information about individuals from such a broad range of backgrounds is extremely scarce prior to the 1841 Census.

Occupations found for 50% of the 720 people named in testamentary catalogue sample

Most of the individuals came from Yorkshire. This was not really surprising, but given the complexity of church court jurisdictions (there were 372 active in England & Wales in 1832), it’s useful to know that I found 84% of participants came from Yorkshire (all Ridings). 13% came from elsewhere in the Northern Province (mostly Lancashire, Durham and Nottinghamshire), and 3% came from the Southern Province.

Heat map showing locations of testamentary cause participants

The depositions (witness testimonies) and case exhibits are generally the most useful documents. I looked at 20 causes in great detail and found more than 400 documents, across 1000 images. These documents contain a wide variety of facts and clues, some of which may not be available elsewhere, and this is where I found I could glean most information about a person’s character. Other records such as parish records, family trees, guardianship, debtor/creditor accounts, etc. may open up new lines of enquiry helping break through a brick wall.

Examples of documents in causes: an account of funeral costs from 1779 (TEST.CP.1779/2 p. 2)
and a sample of questions put to witnesses 1820 (TEST.CP.1820/3 p. 106)

The catalogue has a wide range of search terms. Many family historians will be searching for a person by name. Whilst the search allows for a search by name or variant, I’d love to see an enhancement to allow for a phonetic search. During the period of the records, names would have been spoken much more often than written, and given the rich variety of dialects across Yorkshire, a phonetic search would help to track individuals down. The search is not just limited by name. The cataloguing team have indexed a wide variety of terms, all of which can be searched in the advanced search. Places, occupations, dates, roles, sex, status are all indexed (where they appear on the source record), and while I did find a small number of inconsistencies, errors and omissions, this doesn’t in any way diminish the fantastic job the team did in compiling the catalogue.

The quality of online images is excellent. People familiar with attempting to read parish registers from digital versions of grainy, feint microfilm images, will be delighted with the quality of the images in the cause paper collection. I only found a couple of less than perfect images in the 1000 I looked at.

The records are (relatively) easy to read and understand. Armed with a basic understanding of court procedures, and a good reference book, the records were surprisingly easy to follow. The handwriting was generally clear, most records types were easy to identify, and the standard records were consistent in their structure. After 1733, English was the mandatory language, and I also found it used in many pre-1733 records. Those pre-1733 records written in Latin were harder to decode, but they were generally formulaic so once the record type had been identified, I found it possible to pull out keywords.

Having found all of these benefits, I also need to sound a word of caution which will be of no surprise to family history researcher. Always keep in mind the context of the records, don’t just take them at face value. These records were created in adversarial court cases, so there is a risk of bias and this needs to be taken into account before accepting what is written. This is made difficult on some occasions, where a cause did not have a full set of papers, making it harder to reconstruct the case and determine a record’s context. However, understanding the verdict and cross-referencing facts to other sources (e.g. newspaper accounts of proceedings) will help in this area. 

So is it worth the effort? Absolutely it is! The project team which created the online catalogue have created a fabulous, easy to access, free to use resource. Anyone researching a Yorkshire tyke living between 1300 and 1858 should have this on their list to check and may well tap into a rich seam of information that will bring real colour to their research.

The catalogue of York Cause Papers can be found at here, with images (where they are not linked directly through the catalogue) here. 

To get a deeper understanding of the records, the following are invaluable sources of information:

• The Cause Papers Research Guide.
• Tarver, Anne. (1995) Church Court Records: An introduction for family and local historians. Chichester, England: Phillimore.
• Withers, Colin Blanshard. (2006) Yorkshire probate. 1st edition. Bainton, England: Yorkshire Wolds Publication.

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This blog was written by Paul Wainwright, a volunteer at the Borthwick Institute working on the Retreat Letters Project . Paul is a student on the University of Strathclyde's MSc in Genealogical, Palaeographic and Heraldic Studies and a student member of the Register of Qualified Genealogists. 

Archbishops’ Registers Revealed: final thoughts of an indexer

A year has flashed by and the project to index two of the registers of the Archbishops of York, 1576-1650, will very soon come to an end. However, both registers are now fully indexed and the results are available for searching on line at https://archbishopsregisters.york.ac.uk

What will you discover?

Looking back over the work, it was perhaps a little surprising to find that the majority of the contents of those two registers comprised York Consistory Court wills (but no probate inventories), mostly of clergymen, but also some lay people. Earlier registers, such as those of Archbishop Neville (1374-1388) and Archbishop Lee (1531-1544), for example, appear to record a much greater variety of business.

However, wills have long been known to provide a very valuable source of information on many aspects of daily life in the past, revealing the testator’s material possessions, personal tastes, relationships and place in society. Needless to say, the wills in Registers 31 and 32 have done the same for the sixteenth and seventeenth century clergy and their families, offering a rich seam of interest and, on occasion, entertainment! Who would have thought that anyone would wish to receive a legacy of a chamber pot (Reg. 31, fol. 125 v, entry 3) or a ‘stoole of ease’ (commode) (Reg. 31, fol. 123 v, entry 2)? Who would have thought that cows would have been named ‘Daisy’ as long ago as in 1625 (Reg. 31, fol. 249 r, entry 1)? And would a testator leave his daughter his musical instruments if she were not able to play them or at least keen to learn (Reg. 32, fol. 113 r, entry 4)?

Otherwise, the registers have revealed such other aspects of the archbishops’ business as the technicalities of providing a diocese with a new bishop, following a strictly-laid down ecclesiastical legal procedure still adhered to today, requiring royal assent and formal election. The process of the archbishop’s visitation or periodical inspection of clergy and lay people in the province is also found in the registers, but few details of matters for concern discovered and corrected appear. This omission is explained by the fact that by around this date, a separate series of records for visitations, including visitation court books, had been created (YDA/6, 1567-).

Durham clergy list 1577

Another feature of this type of material was that records of the archbishop’s visitation of the diocese of Durham in 1577 are very detailed in including lists of names of all the clergy in the archdeaconries and deaneries of the diocese summoned to appear before the archbishop with their credentials, together with the names of several churchwardens and others, such as schoolmasters, in each parish (see for example, Reg. 31, fols. 30r-34-v, containing 105 names).

Nevertheless, even the routine business of the archbishops can have its lighter moments. That and other visitations of the diocese of Durham also show the immense difficulties encountered by the archbishops of York in carrying out these inspections. This was particularly true of visitations of the cathedral clergy, who strenuously resisted the process, to the point of excluding the archbishop’s deputy, the Bishop of Durham, also in 1577, from their chapter house by locking him out (Reg. 31, fol. 33v, entry 7). The registers then go on to present the farcical picture of the bishop, sitting on a chair near the entrance doors of the chapter house, attempting to continue the visitation proceedings from outside (Reg. 31, fol. 34 r, entry 2)!

Among the other high points of the project has been the discovery in Register 32 of a seating plan showing the allocation in 1636 of seats or pews in the chapel of Holmfirth in the parish of Kirkburton, in the West Riding of Yorkshire (Reg. 32, fols. 94 A & B). This plan is equally rich in names of local inhabitants, so giving a kind of snapshot of the area at the time, and would prove very useful for any local historians interested in the place in producing a study of the chapelry and its local families, perhaps similar to that created in 1700 by the English author and antiquarian, Richard Gough, who also based his work on such a plan of the church of Myddle, in Shropshire.

Pew plan, Chapelry of Holmfirth, 1636

It was excellent to be able to publicise the registers and discoveries such as these showing potential for research at the ARKDIS conference in Uppsala in Sweden this summer and also present a poster session on the project at the ARA conference in London this month. Next year, a presentation on the project, also showcasing material from the registers, particularly items found in wills, will also be given at the University of Huddersfield’s ‘The Material Culture of Religious Continuity and Change 1400-1600’ conference to be held there.

Going back to wacky names for animals, however, it has also been most enjoyable blogging about the project and revealing that cow’s name to the world!

So, now that the work is almost complete, very many thanks to all at the Borthwick, especially Gary Brannan and also Julie Allinson in IT, for all their help and support during my time on such a fascinating and absorbing project.

Thoughts of an Indexer: I name this cow....

Our Marc Fitch project archivist, Helen Watt, reflects on some of the common (and unusual names) given to our bovine friends...)

As a recent authority states, we have been naming animals for thousands of years; not only did the ancient Egyptians give names to animals, but also the ancient Greeks, for example, Alexander the Great called his horse, Bucephalas (‘ox-head’)1. Apart from horses, other types of animal, particularly farm animals, may be given names for many reasons, predominantly because the animals are seen as individuals and are treated as such among the herd or flock, long before the days of factory farming with large herds and uniform breeds. Otherwise, they might be named according to any distinctive markings or characteristics, apparent to their handlers in everyday work.

Sources for names of animals are often provided by wills and when Canon J. S. Purvis, first Director of the Borthwick, compiled his Classified Subject Index for material held there, he included a section for Agriculture covering names of horses, cows and oxen. Examples for these were taken from various series of York Province ecclesiastical documents such as Probate Registers, Dean and Chapter Probate Registers and the Cause Papers. Only a few references to named animals in one of the registers of the Archbishops of York, Register 28 of Archbishop Lee (1531-1544), are given. However, it is now possible to add many more such references from other registers, thanks to the University of York’s project funded by the Marc Fitch Fund, developing the earlier Archbishops’ Registers Revealed Project funded by the Andrew W. Mellon Foundation. The results of this project are now available on line via https://archbishopsregisters.york.ac.uk/ and provide an index to all the entries in Registers 31 and 32, covering the period 1576 to 1650. In the process of adding keywords to entries for the many wills of clergymen found within, several legacies of horses and farm animals, especially cows, including those mentioned by name have been identified.

'a cowe called nightegale'

Apart from flower and bird names, such as ‘Primrose’, ‘Marigold’, ‘Nightingale’ (1581, Reg. 31, fol. 94r) and ‘Daisy’ (‘Daze’, 1625, Reg. 31, fol. 249r), names given to cows show many of the characteristics identified by scholars such as Leibring and also Keith Thomas and George Redmonds, particularly with reference to Yorkshire names and including some of those listed by Canon Purvis 2. For instance, ‘praise’ names, such as ‘Lucky’ (1632, Reg. 32, fol. 29r), or names celebrating the animals’ nature, such as ‘Stately’ (1599, Reg. 31, fol. 139r). Others might denote the animal’s physical markings or makeup, such as cows called ‘Brownie’ (1577, Reg. 31, 80v), ‘Great Brownie’ and ‘Young Brownie’ (1588, Reg. 31, fol. 106v), also ‘Great Allblack’ (1609, Reg. 31, fol. 158v).

Other names may seem to be harder to classify, including such names of heifers as ‘Jeliver’ (1594, Reg. 31, fol. 132r), ‘Tymlye’ (1629, Reg. 32, 96v), ‘Flowrell’ (1584, Reg. 31, fol. 97r) or ‘Sternill’ (1625, Reg. 31, fol. 249r). However, some of these appear to be favourites, handed down over the years. For instance, ‘Tymmyll’, perhaps a variant of ‘Tymlye’, occurs nearly a hundred years earlier (1546, Probate Register 13, fol. 171), as does ‘Starneld’, perhaps a variant of ‘Sternill’ (1565, Reg. 30, fol. 24r). One name which seems to have persisted in some form in the York Probate Registers between at least the 15th and 16th centuries is ‘Motherlike’ (‘Moderlybe’, 1441, Probate Register 2, fol. 25; ‘Motherlicke’, 1585, Probate Register 23, fol. 186), which may be of particular interest as it has been compared with similar types of cattle names from Scandinavia, perhaps suggesting an earlier origin, who knows, possibly even from Viking times 3.

This phenomenon is not restricted to Yorkshire, but is found in other areas of the country; evidence from Essex wills also shows the same kind of naming practices, with  cows called ‘Gentle’ and ‘Brown Snout’ and even ‘one black cow called Tytt’ 4. Back in Yorkshire, if I had to choose one of these kinds of name, my favourite of all – for a cow difficult to milk, maybe –  is Shorte Papps (1588, Reg. 31, fol. 106v)!

'A cow called shorte papps'

1. Katharina Leibring, ‘Animal Names’, in Carole Hough (ed.), The Oxford Handbook of Names and Naming (Oxford, 2016), Part VII, section 43, 615-627.

2. Keith Thomas, Man and the Natural World (London, 1983), pp. 93-6; George Redmonds, Names and History: People, Places and Things (London, 2004), p.148.

3. Katharina Leibring, ‘Animal Names’, in Carole Hough (ed.), The Oxford Handbook of Names and Naming (Oxford, 2016), Part VII, section 43.3.2.1, Names in Europe’s Traditional Agricultural Societies.

4. F. G. Emmison, Elizabethan Life: Home, Work and Land, Essex Record Office Publication No. 69 (Chelmsford, 1991), p. 52.