RELIGION
Religion was a matter for the ecclesiastical courts, which exercised a wide jurisdiction in matters of ‘sin, sex, and probate’, as one author has put it. Nevertheless, some ecclesiastical matters came before Quarter Sessions and individual Justices. The earliest relevant legislation was passed in 1414, when Justices were asked to help eradicate the Lollard ‘heresy’. In the sixteenth and seventeenth centuries, Lord Lieutenants were active in rooting out Roman Catholicism. Division in the church meant division in the state: consequently, the Crown demanded uniformity in religion, especially during the Reformation. Before 1688, the great bulk of the evidence for both Roman Catholics and Nonconformists derives from the efforts of church and state to compel them to conform to the established religion.
RECUSANCY
Attendance at church was the litmus test of theological correctness during and after the Reformation. Those refusing to attend were termed recusants. The word is derived from the Latin recusare, to reject. Recusants rejected the established church, and refused to attend it. Their refusal was seen as a rejection of royal authority.
Most recusants, at least before 1660, were Papists. Roman Catholicism was considered seditious after the Reformation, and therefore concerned Justices. The severity of the law, however, was rarely matched by severity in its execution, except during emergencies such as the Spanish Armada, the Gunpowder Plot and the Jacobite rebellions.
Protestant Nonconformity was almost as much of a problem. In the 1630s, the clash of Puritanism with Laudianism helped to pave the way for civil war. After the Restoration, over 2,000 non-conforming clergy were ejected from their livings. Their loyalty to the Crown was considered to be very questionable, and the Recusancy Acts were used against them. They were also subjected to the Conventicle Acts of 1664 and 1670, which prohibited non-Anglican religious gatherings, and imposed heavy fines on attenders. The 1664 Act required Justices to compile certificates of convictions for conventicle attenders; surviving certificates may record the names of entire congregations. John Bunyan fell foul of these Acts; his dialogues with Justices, with the Bedfordshire Clerk of the Peace, and with the Assize judges demonstrate their varying attitudes towards dissent.1
The Act of Uniformity of 1559 imposed a fine of 12d for refusal to attend Church of England services, leviable by churchwardens; the money was intended for poor relief. Initially, there were few prosecutions. However, the Northern Rising of 1569 and the Papal excommunication of Queen Elizabeth the following year led to an increasing volume of retaliatory legislation. An Act of 1581 (tightened up in 1586–7) made absence from church an indictable offence presentable at Quarter Sessions, raising the fine to a ruinous £20 per month.2 Penalties could, however, be mitigated in the same way as other serious charges at Quarter Sessions: it was easy to alter indictments to change the stated period of recusancy from a month or more to a mere three weeks, thus lowering the potential fine to a mere three shillings.
Various other offences could bring Roman Catholics and dissenters before the courts, for example celebration or attendance at mass, reconciling Protestants, attendance at conventicles, educating children abroad at colleges such as Douai and Rheims, priest-harbouring, possession of Papist books, refusal of oaths, and objectionable outbursts. Such offences are documented by presentments and indictments (see Chapter 5). These become more numerous towards the end of Elizabeth’s reign. In the seventeenth century, presentments became much commoner than indictments. Order books record actions taken against Catholic and dissenting communities as a whole, for example, searches for weapons, and orders to constables to be more rigorous in making presentments against them. In 1593, Lieutenants were instructed to certify the names of those attending overseas colleges, and to take bonds from parents for their appearance.3
It was the luck of the draw whether absence from church was presented to the Archdeaconry court by the churchwarden, or to Quarter Sessions by the constable. Sometimes, presentments were made to both: Richard Gaye of Keynsham (Somerset) was accused of saying ‘that the Queen’s laws are not agreeable to God’s laws’, and presented for not coming to church at Bishop Still’s visitation in 1594. In the same year, a presentment at Quarter Sessions reported that Gaye ‘did not repaire’ to the parish church.4 Informers could also prosecute recusants in the Westminster courts.
The absence of presentments or indictments does not mean the absence of either Roman Catholics or dissenters in a particular parish. Many churchwardens and constables were themselves one or the other, or sympathetic to them. Justices themselves were frequently reluctant to enforce the penal statutes. In 1605, no less than 5,000 persons were prosecuted for recusancy, but only 112 paid the full legal penalty, i.e. two-thirds of the value of their estates.5 During the Interregnum, there were no presentments for recusancy at any of the Yorkshire Quarter Sessions.6 Conservative justices stymied efforts to move against them. In Lancashire, it took determined planning on the part of Puritan justices to obtain some action in a county dominated by the conservative Lord Derby. Lancashire’s sessions were customarily adjourned from one place to another, and Justices normally attended only their local sessions. Puritan justices were concentrated in Salford Hundred. In 1579, they began attending sessions in other places, in a determined effort to pursue recusants. The result was the presentation of 600 recusants.7 Presentments could also be made to Assize judges; the few made at Lancashire Quarter Sessions under the 1581 Act were counterbalanced by the large number made to the Assize judges at Lancaster.8
A variety of documents record recusancy, in addition to those already mentioned. Fines imposed by Quarter Sessions on recusants were recorded in the estreats sent to the Exchequer9 by the Clerk of the Peace, and in the pipe rolls (National Archives, E 372/426-436). The relevant entries are abstracted in:
• McCann, T.J., ed. Recusants in the Exchequer Pipe Rolls, 1581-1592 (Catholic Record Society 71, 1986).
In 1592, a new series of recusant rolls were commenced, continuing until 1691 (E 376-7; see also E 351 and E 370). They record fines levied and property confiscated for recusancy.10 Most of those fined were Roman Catholics; however, many Nonconformists also suffered, especially after the Restoration. A number of rolls have been published by the Catholic Record Society http://catholicrecordsociety.co.uk. A useful introduction is included in:
• Bowler, Hugh, ed. Recusant Roll No.2 (1593-1594). (Catholic Record Society 57, 1965).
Failure to pay the fines legislated for in 1581 could lead to imprisonment, details of which can be found in the records of Quarter Sessions and Assizes (see Chapters 5 and 12). After 1586, two-thirds of a recusant’s land, and all his goods and chattels, could be confiscated. Accounts of shrieval seizures of recusant property are in The National Archives, E 379, as well as on the recusant rolls.
Although recusant rolls ended in 1691, Roman Catholicism continued to be seen as a serious threat, especially during the Jacobite rebellions. There is a draft 1745 warrant amongst the Cumberland Lieutenancy papers directing constables to ‘seize the persons and arms of all papists’, although whether it was executed is not clear.11 Certainly, less drastic action was taken. Following the 1715 rebellion, Catholics were required to register their estates with the Clerk of the Peace, who made returns to the Exchequer (E 174). Other records of the rebellions can be found amongst the Forfeited Estates Commission archives (FEC 1-2).
A useful introduction to Catholic records is available on The National Archives’ website:
• Catholic Recusants
www.nationalarchives.gov.uk/help-with-your-research/research-guides/catholics
For recusant rolls, see:
• Williams, J. Anthony. ‘Recusant rolls’, in Munby, Lionel M. Short Guides to Records. (Historical Association, 1971) (separately paginated).
Abstracts of the 1715 returns are printed in:
• Estcourt, Edgar E. and Payne, John Orlebar, eds. The English Catholic Non-Jurors of 1715. (Burns & Oates, [1885]).
For forfeited Jacobite estates, see:
• The Records of the Forfeited Estates Commission. (HMSO, 1968).
The threat of Roman Catholicism and Nonconformity led the government to demand oaths of allegiance from all who held public office. Some were administered by the church, and recorded in diocesan records. Other oath records are amongst the archives of both Quarter Sessions and central government.
The Test Act of 167212 required civil and military office-holders to obtain sacrament certificates, confirming they had taken Holy Communion according to Anglican rites. These are amongst Quarter Sessions records, and in The National Archives, series C 224, KB 22, E 196, and CHES 4. Most of The National Archives’ certificates (except those in CHES 4 for Cheshire) relate to the London region. Certificates give names of communicants, places, and signatures of ministers, churchwardens, and witnesses.
The Test Act also required office-holders to take the oaths of allegiance, supremacy and against the doctrine of transubstantiation. These oaths could be taken in the courts of King’s Bench and Chancery, or at Quarter Sessions. Between 1689 and 1702, beneficed clergy, members of the universities, lawyers, schoolteachers and preachers also had to take these oaths. The Privy Council in the late seventeenth century regarded them as ‘one of the most useful weapons in the arsenal of local government’.13 After 1828, both sacrament certificates and oaths were abolished. Office holders merely had to declare that they would do nothing to damage the Church of England.
A variety of other oaths also had to be taken, and numerous rolls can be found amongst both Quarter Sessions records and in The National Archives. After the Restoration, the oath of allegiance was required of office holders and others; in some cases, whole parishes took it, as at Babington and Radstock (Somerset).14 The oath of abjuration, under the Security of Succession Act of 1702, was a declaration of allegiance to Queen Anne, and of support for the Protestant succession. It was superseded by the Security of the Sovereign Act of 1714. Under the 1689 Toleration Act, dissenters had to take separate oaths of allegiance and supremacy, and make a declaration against transubstantiation. Dissenting clergy had to declare their acceptance of most of the articles of religion.
Following an attempt to assassinate William III, the Act of Association of 1695/6 required all office holders to swear an oath to defend the king. In practice, this oath was signed by most men of any social standing. Almost 500 rolls are now in The National Archives, series C 213, with a few in C 214 & KB 24/1-2. Some can also be found amongst Quarter Sessions records. The Lancashire rolls were edited by Wallace Gandy in The Lancashire Association Oath Rolls, A.D. 1696 (Society of Genealogists, 1921).
In the aftermath of the Atterbury plot, a 1722 Act required men over the age of 18 years to take the oaths of allegiance by 25 December 1723 (subsequently extended until 28 November 1728) or to register their names and estates as papists. This was the last exercise in mass public oath-taking. In contrast to earlier oath rolls, many women signed. Also in contrast to earlier rolls, oaths were not necessarily tendered in the subscriber’s parish or Hundred of residence. Rolls may, however, give places of residence and occupations. They are Quarter Sessions records. The Devon rolls for 1723 have been transcribed by the Friends of Devon Archives www.foda.org.uk/oaths/intro/introduction1.htm. A full listing of surviving English returns is available online.15
A Nonconformist minister. A print from the series of Cryes of the City of London Drawne after the Life, published in 1687.
After the Catholic Relief Act of 1778, Roman Catholics could free themselves from the penal laws by taking an oath of loyalty. Registers and returns are found amongst Quarter Sessions records, and in The National Archives, series PC 1. They may give domiciles and occupations as well as names. An Act of 1829 required members of Roman Catholic religious orders to be registered with the Clerk of the Peace. Applications for registration, and registers, may survive amongst Quarter Sessions records.
This discussion has not mentioned the Protestation and other Civil War oaths. These had nothing to do with Quarter Sessions.16
QUAKERS
Quakers refused to take oaths, and were punished for their refusal. Records can be found in Quarter Sessions and Assize records, and compared with Quaker records. ‘Sufferings’ were recorded in the minutes of their Monthly Meetings (mostly now deposited in local record offices). Details were also sent to London, and recorded in the ‘Great books of sufferings’, and other records. These are now held at Friends House Library www.quaker.org.uk/library. Abstracts have been published in:
• Besse, Joseph. Sufferings of Early Quakers, ed. Michael Gandy. 10 vols. (Sessions Books, 1998–2008). Facsimile of 1753 edition.
After 1723, Quakers could affirm their loyalty, rather than taking an oath. Affirmation rolls can be found amongst Quarter Sessions records.
MEETING HOUSE LICENCES
The Declaration of Indulgence of 1672 authorised the granting of licences to dissenters. Although it was quickly abandoned, licencing was revived by the 1689 Toleration Act. Individuals could be licenced to preach. Meeting houses could also be licenced. Licences were issued by bishops, archdeacons and Quarter Sessions. Initially, most applications were made to Quarter Sessions, but they could only grant licences during their sessions. Consequently, the majority of licences were granted by ecclesiastical authorities. Petitions for licences, and registers of them, are described in:
• Welch, Edwin. ‘The registration of meeting houses’, Journal of the Society of Archivists 3, 1966, pp.116–20.
Licences issued under the 1672 Declaration of Indulgence can be found in The National Archives, series SP29/320-1, SP44/27, and SP44/33A-B. They are printed in:
• Turner, G.L., ed. Original Records of Early Nonconformity under Persecution and Indulgence. 3 vols (1911). Turner’s work is supplemented by Nuttall, Geoffrey F., ed. ‘Lyon Turner’s Original Records: notes and identifications’, Transactions of the Congregational Historical Society 14, 1940–4, pp.14–24, 112–20 & 181–7; 15, 1945–8, pp.41–7; 19, 1960–4, pp.160–4.
The Quaker Meeting House at Spiceland, Devon.
Nonconformist meeting house licences identify prominent dissenters, and the houses in which they met. They do not necessarily indicate denominational allegiances. Methodists in particular were prone to describe themselves as ‘Protestant’ or ‘Independent’. Denominations may frequently be deduced from the names of petitioners, and/or from the survival of buildings.
Roman Catholic churches also had to be registered, initially under the Roman Catholic Chapels Act of 1791. Applications for registration are amongst Quarter Sessions archives, and may name priests. An Act of 1832 made Roman Catholics’ places of worship subject to the same registration provisions as dissenters.
The Civil Registration Act of 1837 permitted Nonconformists to register chapels for the conduct of marriages.17 The register was to be maintained by the Registrar General. This duplicated the registers which have already been described, so the two systems were united in 1852 by the Registrar-General’s ‘Worship register’. At the same time, all former licencing authorities made returns of meeting houses licenced since 1689, and also of Roman Catholic registrations since 1791. These are now in The National Archives, series RG31. They duplicate the registers already mentioned, but may be useful if the latter have been lost.
The Worship Register is ongoing. It is described in:
• Rose, R.B. ‘Some national sources for Protestant Nonconformist and Roman Catholic history’, Bulletin of the Institute of Historical Research 31, 1958, pp.79–83.
Abstracts of licences for a number of counties have been published. They do not necessarily abstract licences from all licencing authorities. Useful introductions can be found in:
Bedfordshire
• Welch, Edwin, ed. Bedfordshire Chapels and Meeting Houses: Official Registration, 1672-1901. (Publications of the Bedfordshire Historical Record Society 75, 1996).
Berkshire
• Spurrier, Lisa, ed. Berkshire Nonconformist Meeting House Registrations, 1689-1852. 2 vols. (Berkshire Record Society 9–10, 2005).
Staffordshire
• Donaldson, Barbara, ed. The Registrations of dissenting chapels and meeting houses in Staffordshire 1689-1852: extracted from the return in the General Register Office made under the Protestant Dissenters Act of 1852 (15 and 16 Vic. c.36). (Collections for a History of Staffordshire 4th series 3. Staffordshire Record Society, 1960).
Wiltshire
• Chandler, J.H., ed. Wiltshire Dissenter’s Meeting House Certificates and Registrations 1689-1852. (Wiltshire Record Society 40, 1985).
RETURNS OF NON-ANGLICAN PLACES OF WORSHIP, 1829
Another official record of Nonconformist places of worship is provided by the returns which Clerks of the Peace made in response to a resolution of the House of Commons in 1829. Unfortunately, these were destroyed by fire in 1834, but the return for Lancashire had been published,18 and copies of returns for at least fifteen other counties were retained amongst Quarter Sessions records. Returns list places of worship and their denominations, and may include numbers and comments from incumbents. A detailed discussion is provided in:
• Ambler, R.W. ‘A lost source? The 1829 returns of non-Anglican places of worship’, Local Historian 17(8), 1987, pp.483–9.
See also:
• Tranter, Margery. ‘Many and diverse dissenters: the 1829 returns for Derbyshire’, Local Historian 18(4), 1988, pp.162–7.
FURTHER READING
• Shorney, David. Protestant Nonconformity and Roman Catholicism: a guide to sources in the Public Record Office. (PRO Publications, 1996).
• Williams, J. Anthony. Sources for recusant history (1559-1791) in English official archives. (Recusant History 16(4), 1983).