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                  Death records – Church of Scotland

                  Burial registers of Church of Scotland churches before the introduction of civil registration are mainly held by National Records of Scotland (NRS) and are available through the ScotlandsPeople website as part of the ‘Old Parish Registers’ or OPRs. Burial and death registers after 1855 remain the property of the church and therefore should be held by NRS or by a local archives service under the charge and superintendence of NRS.

                  When civil registration was introduced in 1855, Church of Scotland churches were required to transfer their existing parish registers of deaths or burials to the General Register Office for Scotland in Edinburgh, along with registers of baptisms or births and registers of banns of marriages or marriages.[1] All registers created before 1819 were to be transferred immediately and those created between 1820 and 1855 were to be transferred after 30 years. Not every kirk session complied with this requirement. Some sessions objected, seeing this as interference in church matters by the state. Some records were complicated, with entries of baptisms, marriages and burials included in the same volumes as minutes of session, and in these cases, the cost of making copies of the registers for transmission to Edinburgh could be reimbursed by the government. There are instances where copies were retained by the session and the originals sent to Edinburgh, and vice versa. Some kirk sessions recorded baptisms, burials and marriages in a single register. The National Records of Scotland estimates about a third of parish churches did not maintain burial registers at all.

                  Registers created after 1855 did not have to be transferred to the General Register Office for Scotland and were generally kept along with other church records. Changes in how burial grounds were run, however, resulted in the transfer of church graveyards to the civil authorities between 1894 and 1925, and so the survival of church burial registers is patchy.

                  Researchers today therefore should start looking for pre-1855 burial and death registers through ScotlandsPeople. To find out if a burial register is held for a parish, try searching on the OPR death indexes for the parish name alone (i.e. without entering the name of an individual). Then look for any burial registers or mortcloth records held as part of the church records (NRS reference codes CH2 and CH3). For post-1855 burials, look for burial registers in the church records and also in the records of parish councils and their local authority successors.

                   

                  Related Knowledge Base entries

                  Burial

                  Mortcloths

                   

                  References

                  [1] Registration of births, deaths and marriages (Scotland) Act 1854 (17 & 18 Vict. c. 80), s.18.

                  Catholic Church records

                  Catholic Canon Law requires that sacramental and other details of the faithful should be kept, but records were not always diligently kept and the majority of records that survive are baptism or marriage registers. Registers were maintained in a variety of formats, with early registers recording all types of sacraments in one volume. There was no standard format for registers, and they can consist of small notebooks, larger unformatted ledgers or pre-printed registers. Some records are in Latin but the language used is not overly-complicated and the phrases are relatively straightforward to translate.

                  The earliest Catholic parish records in Scotland date from 1703 for the mission of Braemar but this is one of only three parishes in Scotland with records dating from before 1745. There are only 16 missions in Scotland with records dating from before 1800 and a further 94 missions have surviving records dating from between 1800 and 1855. The information contained in the original registers can be quite minimal and varies from parish to parish and over time within each parish.

                  The following sacraments or other church activities generally result in parish records.

                  Baptism. Baptism or birth registers may record the following:

                  • name of the child
                  • date of baptism
                  • date of birth
                  • legitimacy
                  • father’s name
                  • mother’s name (including maiden surname)
                  • place or parish of residence
                  • father’s occupation
                  • names of witnesses (occasionally with occupation, address and/or relationship to the child)
                  • name of the priest.

                  Note, however, that some registers record only minimal information such as the names of the child and parents and a baptismal date.

                   

                  Convert registers. In many cases, the records of converts are to be found in baptismal registers. Converts are generally individuals who have reached adulthood, consequently the information regarding the conversions is limited regarding parentage and families.

                  Convert registers may record the following:

                  • name of the convert
                  • date of baptism
                  • date of birth
                  • legitimacy
                  • father’s name
                  • mother’s name (including maiden surname)
                  • place or parish of residence
                  • father’s occupation
                  • names of witnesses (occasionally with occupation, address and/or relationship to the child)
                  • name of the priest.

                  Note, however, that most convert registers record minimal information such as the names of the convert and a baptismal date.

                   

                  Confirmation. The sacrament of confirmation is generally performed when an individual is a child. In some periods, confirmation may have taken place as young as seven years old, in others as old as 12 years old. These are useful for estimating the age of a child in lieu of any surviving baptismal records. Confirmation registers may record the following:

                  • name of the child
                  • date of confirmation
                  • a confirmation name taken by the child ( a saint’s name)
                  • parents’ names
                  • age
                  • name of the priest or bishop conducting the confirmation.

                  Note, however, that some records contain only minimal information.

                   

                  Confession. The sacrament of confession (sometimes called penance) usually precedes Holy Communion. Confession registers do not include details of the confessions themselves but record that an individual went to confession before receiving Holy Communion.

                  Confession registers may record the following:

                  • name of the individual
                  • date
                  • place or parish of residence
                  • name of the priest.

                  However, in practice most registers record minimal information such as the names of the individual attending confession and a date

                   

                  Marriage. Until 1834 Roman Catholic priests were subject to fines and penalties if they conducted marriages and therefore marriage registers were not always maintained.[1]  Some Roman Catholics had banns read in the (Presbyterian) Church of Scotland and recorded in the registers of proclamations of banns, in order to comply with the requirements for a regular marriage.  Some marriages were recorded in the Church of Scotland marriage registers (the Old Parish Registers) even although the marriage took place elsewhere and may also have been recorded in Catholic marriage registers.

                  Marriage registers rarely record much more than the names of the individuals being married. They usually record the date of marriage, often with the information that the banns of marriage have been duly proclaimed. Usually only the marriage date will appear in the index. Marriage registers may record the following:

                  • date of marriage and an indication that banns had been called
                  • name of bride
                  • name of groom
                  • parish of residence
                  • parish of origin
                  • occupation of the groom
                  • name of the bride’s father
                  • names of witnesses
                  • name of officiating priest.

                  However, it is also possible that only the names of the bride and groom are recorded along with the name of the officiating priest. Some records are in Latin.

                   

                  Death, burials and funerals. A death, burial or funeral register may record the following:

                  • name of the deceased person
                  • date of death
                  • date of burial
                  • address
                  • place or parish of residence
                  • age
                  • name of a relative (perhaps a widow, or parent if deceased was a child)
                  • name of the priest
                  • cause of death.

                  Note, however, that some registers record minimal information such as the names of the deceased and a death/burial date. Some records are in Latin.

                   

                  Seat rent registers. A number of churches in the nineteenth century reserved seats for parishioners in return for payment of a fee. These are very useful in confirming the residence of ancestors in a particular parish and also in identifying where your ancestors sat in the chapel.

                  A seat rent register may record the following:

                  • name of the individual
                  • date
                  • location of the seats in the church

                   

                  Sick Calls registers. These record the visitations of a priest to a sick person. A sick person might have recovered, but the date of a visit may be an indication to the subsequent death of the sick person.

                  A sick calls register may record the following:

                  • name of the individual
                  • date
                  • address
                  • name of a priest

                   

                  Status Animarum

                  This type of record is a ‘state of the souls’ – an enumeration of all Catholics within a particular area at a particular time. These records should have been diligently and regularly kept, but their survival is somewhat irregular. At best a status animarum will record the following:

                  • name of the person
                  • address
                  • date of compilation of list
                  • relationships to others in households
                  • age (usually for children)
                  • birthplace
                  • occupation.

                  In a basic record you should find the name of an individual and a place; other records are more detailed with addresses given, family groups shown, and in a small number of cases ages and places of birth. These are valuable census substitutes.

                  Compiler: Andrew Nicoll (2010)

                  Related Knowledge Base entries

                  Churches – Roman Catholics in Scotland

                   

                  References

                  [1] Marriage (Scotland) Act 1834 (4 & 5 Will. IV c. 28).

                  Prison Records – Modern prison records

                  This entry in the Knowledge Base limits the use of obsolete terminology to the titles of some records.

                  Most records produced by Scottish prisons from the mid-19th century (and some earlier records) are held by the National Records of Scotland.

                  The main types of record created by prisons are:

                  • Governors’ journals
                  • Minutes and inspection books of Visiting Committees
                  • Registers of prisoners

                  A larger quantity and a more diverse range of records survive for larger prisons, such as Glasgow, Edinburgh, Peterhead and Perth. These include letter books, circular letters/order books, registers of punishments, journals and other records kept by medical officers and chaplains, and the records of borstals and other special units. However, for smaller prisons little survives except for Governors’ journals and registers of prisoners.

                  Governors’ journals

                  These are, in effect, logbooks kept by the governor of each prison, or in some cases by an equivalent, such as a ‘keeper’ or assistant governor. By the late 19th century, they typically record incidents occurring in the prison; staff appointments, dismissals and suspensions; visitors to prisoners; prisoners allowed to write letters; punishments awarded to prisoners and so on.

                  Minutes and inspection books of Visiting Committees

                  From 1878 onwards, under the Prisons (Scotland) Act 1877, a visiting committee, consisting initially of commissioners of supply and justices of the peace (in counties) and magistrates (in burghs) was appointed yearly for each prison. The minutes and reports of inspections for some of these committees survive among the records of individual prisons in the National Records of Scotland (in HH12).

                  Registers of prisoners

                  The main series of prison registers is in the National Records of Scotland, among Home and Health Department records (HH21), but there are some others among Sheriff Court records. Records relating to living individuals are restricted in accordance with the Data Protection Act 2018.  Some registers of prisoners have been digitised and are available on the ScotlandsPeople website along with a detailed guide to using these registers. <https://www.scotlandspeople.gov.uk/guides/prison-registers> [accessed 26 April 2024]

                  Prison registers (HH21)

                  These mainly cover the period from the early 1800s onwards, and consist of registers maintained by at least 49 prisons, generally containing name, date of admission, committing magistrate and court, age, height, where born, nationality, occupation, religion, health, offence, particulars of trial, sentence if convicted, and date liberated or removed.

                  Sheriff Court Records (SC)

                  Some prison registers have survived in sheriff court records, namely:

                  Angus, 1805-1827 (SC47/55/2)

                  Ayr, 1860-1863 (SC6/57/1)

                  Fort William, 1893-1936 (SC28/32/1)

                  Jedburgh, 1839-1893 (SC62/72/1)

                  Kirkcudbright, 1791-1811 (SC16/28/2)

                  Selkirk, 1828-1840 (SC36/63/3)

                  Stirling, 1822-1829 (SC67/47/5-6)

                  Other records relating to individual prisoners

                  Among HH12 (Prisons, Administrative Records) in the National Records of Scotland there is a register of Suffragettes received into prison in Scotland, 1909-1914 (HH12/22), and from Greenock Prison a register of prisoners with personal descriptions and photographs (HH12/56/7). Among HH15 (Prisoners’ Records) are 34 files on individual prisoners in the period 1889-1947. Criminal Lunatics files are in HH18 (1853-1964) and HH17 – for Perth Prison (1856-1946). Criminal Case files (HH16), 1874-1990, are files created by the Prisons Department. A selection (641 files) has been kept, including: Fife Hunger Marchers, 1934 (HH16/2), suffragettes (HH16/36-47), Glasgow dynamiters, 1888-1905 (HH16/51-56), Oscar Slater, 1909-29 – (HH16/109-112), John MacLean, 1915-1923 (HH16/122-137). For the State Inebriate Reformatory only 3 inmates’ files survive for the period 1901-1917(HH19). Orders for the free pardon, liberation, release on licence, transfer and reception of prisoners survive for the period 1937-1948 in Criminal Orders (HH44) and Scottish Office Miscellaneous Orders (HH47) for the period 1948-1967.

                  Records which contain information about individuals are subject to closures or redaction under the Data Protection Act 2018.

                  Prison Records – County Prison Board minutes

                  The records of most county prison boards appear to have been lost in a fire in the offices of the Prison Commission for Scotland. The minutes and some accounts survive in the following archive services:

                  • Forfarshire County Prison Board 1840-1865 (Angus Archives, ACC 1/5/1)
                  • Kinross County Prison Board 1840-1878 (Perth & Kinross Archive, CC2/1/4/1-2, CC2/PB)
                  • Lanark County Prison Board 1845-1857 (National Records of Scotland, HH12/5)
                  • Orkney & Shetland Prison Board 1840-1868 (National Records of Scotland, HH12/3)
                  • Perth County Prison Board 1840-1878 (Perth & Kinross Archives, CC1/1/3/1B-7)
                  • Renfrew County Prison Board 1861-1870 (National Records of Scotland, HH12/15)

                  Prison Records – Burgh prison records

                  The records relating to burgh prisons and tolbooths consist mainly of warding and liberation books, which record the incarceration and release of individual prisoners with few other details. Information about the building, maintenance and staffing of burgh prisons and tolbooths must be gleaned from burgh minute books and accounts. In some cases, these (or excerpts from these) have been published. A search through burgh minute books and accounts is usually time-consuming and only a few references to prisons or tolbooths might be found each year. However, for information about individual prisoners (for example, individuals awaiting trial or execution for witchcraft), minute books, accounts and warding and liberation books are the most likely source of concrete information.

                  Minute books and accounts of burghs are mainly held by local authority archives, but the records of some burghs are held by the National Records of Scotland, and the records of several Fife burghs are held by St Andrews University.

                  Warding and liberation books for burgh tolbooths and prisons tend to be with the burgh records, but an exception is the case of Edinburgh Tolbooth, whose warding and liberation books, 1657-1816, are held by the National Records of Scotland (HH11). These typically are arranged chronologically with entries such as:

                  Edinburgh 27 July 1815 Margaret McDonald residing in Forresters Wynd was this day incarcerated in the Tolbooth of Edinburgh by warrant of the court of Police on complaint of James Brown, Superintendent, accused of riotous conduct, to remain till she find Caution for her good behaviour for twelve months under the Penalty of Forty shillings. Warrant this date John Duncan, serjeant. – 3 August 1815 – Margaret McDonald liberated on Caution & Certificate.

                  Police Records Locations

                  Police Records Locations

                  Police Scotland is responsible for the surviving historical records of its predecessor police forces and has agreements with a number of local authority archives to hold many of these records which are no longer required for operational purposes. The records have mostly been grouped by the eight regional police forces which operated from 1975 until 2013, as follows:

                  Stirling Council Archive Services

                  Central Scotland Police (PD235) and predecessors

                  ·       Stirling Burgh Police (PD229)

                  ·       Alloa Burgh Police (PD230)

                  ·       Stirlingshire Constabulary (PD231)

                  ·       Clackmannanshire Constabulary (PD232)

                  ·       Stirling & Clackmannan Police Force (PD233)

                  ·       West Lothian Constabulary (PD234)

                  Dumfries & Galloway Council Archive

                  Dumfries & Galloway Police and predecessors

                  ·       Annan Burgh Police (AB1)

                  ·       Dumfriesshire Constabulary (BJ3; BJ4; BJ5; D1)

                  ·       Dumfries Burgh Police (BK2; G4; GD629; RE3; WA4; WD3)

                  ·       Stewartry of Kirkcudbright Police (BJ5; EK11; KW12)

                  ·       Wigtownshire Police (BK2; WCC3; WN1; WN2; WN3)

                  ·       Langholm Burgh Police (CB839)

                  ·       Lochmaben Burgh Police (CB840)

                  ·       Moffat Police (CB842)

                  ·       Sanquhar Police (CB848)

                  ·       Kirkconnel Police (CB848)

                  ·       Castle Douglas Police (CDA1)

                  ·       Gatehouse of Fleet Police (GFE1)

                  ·       Lockerbie Burgh Police (LK1)

                  ·       Lochmaben Police (LN1)

                  ·       Stranraer Burgh Police (ST1; ST2)

                  Aberdeen City & Aberdeenshire Archives

                  Grampian Police and predecessors

                  ·       Aberdeenshire Constabulary (POL/A)

                  ·       Aberdeen City Police (POL/AC)

                  ·       Banffshire Constabulary (POL/B)

                  ·       Elginshire, Morayshire and Moray and Nairn Constabularies (POL/E)

                  ·       Elgin Burgh Police (POL/EB)

                  ·       Grampian Police(POL/GP)

                  ·       Kincardineshire Constabulary (POL/K)

                  ·       Nairnshire Constabulary (POL/N)

                  ·       Scottish North Eastern Counties Constabulary (POL/S)

                  OnFife Archives

                  Fife Constabulary and predecessors, 1840-1995

                  ·       Fife Constabulary, 1840-1949

                  ·       Dunfermline Burgh Police, 1874-1949

                  ·       Kirkcaldy Burgh Police, 1877-1949

                  Edinburgh City Archives

                  Lothian & Borders Police and predecessors – Lothians area, 1805-2013

                  ·       Berwick, Roxburgh & Selkirk Constabulary 1862-1973 (SL260/BRS)

                  ·       Edinburgh City Police 1805-1975 (SL260/ECP)

                  ·       East Lothian Constabulary 1837-1971 (SL260/ELC)

                  ·       Lothian and Borders Police 1974-2013 (SL260/LBP)

                  ·       Lothians and Peebles Constabulary 1950-1974 (SL260/LPC)

                  ·       Leith Police 1816-1935 (SL260/LTH)

                  ·       Midlothian Constabulary 1878-1959 (SL260/MLC)

                  ·       Material From Other Forces 1825-1975 (SL260/OTH)

                  ·       Peebles County Constabulary 1841-1945 (SL260/PCC)

                  ·       West Lothian Constabulary 1837-1969 (SL260/WLC)

                  Scottish Borders Archive

                  Lothian & Borders Police – Borders area

                  Highland Archive Centre

                  Northern Constabulary and predecessors (1832-2000) (R91)

                  ·       Ross and Cromarty Constabulary,1854-1974 (R91/A)

                  ·       Sutherland County Constabulary, 1858-1976 (R91/B)

                  ·       Ross and Sutherland Constabulary, 1963-1984 (R91/C)

                  ·       Inverness-shire Constabulary, 1832-1977 (R91/D)

                  ·       Inverness Burgh, 1847-1972 (R91/D/A)

                  ·       Inverness Division, 1887-1984 (R91/D/B)

                  ·       Harris District, 1964-1975 (R91/D/E)

                  ·       Nairnshire Constabulary, 1963-1976 (R91/G)

                  ·       Northern Constabulary, 1975-1997 (R91/H)

                  Lochaber Archive Centre

                  ·       Lochaber Division, 1875-1979 (R91/D/C)

                  ·       Argyllshire Constabulary, 1928-1996 (R91/F)

                  Skye and Lochalsh Archive Centre

                  ·       Skye Division, 1877-1994 (R91/D/D)

                  Nucleus: The Nuclear and Caithness Archives

                  ·       Caithness Constabulary, 1858-1975 (C/NC1)

                  ·       Wick Burgh, 1911-1975 (C/NC2)

                  ·       Thurso Burgh, 1841-1955 (C/NC3)

                  Glasgow City Archives

                  Strathclyde Police and predecessors

                  ·       Strathclyde Police & Predecessors (SR22)

                  Dundee City Archives

                  Tayside Police – Dundee City and predecessors, 1842-1975

                  ·       Broughty Ferry Police

                  ·       Dundee City police

                  Angus Archives

                  ·       Forfarshire County Constabulary (ACC 12/18)

                  Perth & Kinross Archives

                  Perth and Kinross Constabulary and predecessors, 1842-1975 (POL1)

                  ·       Perthshire Constabulary: 1842-1930

                  ·       Perthshire and Kinross-shire Constabulary: 1930-1964

                  ·       Perth and Kinross Constabulary: 1964-1975

                  ·       Perth City Police: 1893-1943

                   

                   

                  In general, a wider variety of records survive for the larger forces, especially the city constabularies, while, for some smaller constabularies, particularly those absorbed by larger forces, little survives. Police records held by archives tend to come from four sources: local authority records (county and burgh government), police HQs, police stations, and from families of former police personnel

                  Related Knowledge Base entries

                  Police predecessors’ records

                  Policing records – central government oversight of policing

                  Court records

                  Wills and testaments

                  Wills and testaments are an invaluable primary source of information for the family, local and socio-economic historian. They provide an insight into the lives of people from all walks of life in all areas of Scotland through the centuries in a unique way. 

                  A will states what a person wants done with their possessions after their death. Testaments appoint an executor to administer a person’s property after their death. Where a will has been written, it is common for the testament to be combined with the will in a single document but this is not necessary. There are two types of testaments: a testament testamentar where the person nominates their executor before they die and a testament-dative where the person dies without making a testament (intestate) and therefore an executor-dative was appointed by the commissary court until the 1820s, and thereafter by the sheriff court. One of the deceased’s creditors could be appointed as his executor, so that he could recover the debt due him, and he was called an ‘executor creditor’ or ‘qua creditor’.  

                  While wills tell us what a person’s wishes were with regard to the disposal of their possessions after their death, testaments tell us what these possessions actually were and may state how much they were worth. Testaments include an inventory of the moveable property left by an individual as well as other documents concerning amounts owed to or by the deceased and statements by the executor(s). 

                  Very few Scots left wills prior to the late 19th century. Until 1868, only moveable property could be included in a will, as there were strict laws of inheritance which governed what happened to heritable property and how it was transferred to the heir(s), through a process called Service of Heirs. There was often no need to write a will as the moveable property was also subject to strict inheritance laws: one third of the moveable property went to a surviving spouse while one third went to surviving children or their heirs, (one half if there was no surviving spouse or no surviving children).[1] However, the remaining third could be directed by a will and this might happen if, for example, some moveable property was intended for an unmarried sister or another close relative. After 1868, more people left wills indicating what should happen to both their moveable and heritable property.[2] 

                  The legal process called confirmation ensured that the property of a deceased person went to the heirs and all debts were cleared by the executor, whether or not a will was involved. A testament dative, where there was no will, or a testament testamentar, where a will might have been written, and an inventory, was recorded in the commissary courts, replaced by the sheriff courts from the 1820s. However, confirmation was expensive, and where the property left was of little value, the family usually divided it up without involving the courts or lawyers. 

                  An alternative method of directing a person’s heritable and moveable property after death was to set up a trust and transfer their property to that, so that at their death they did not own the property and the laws of succession did not apply.[3]

                  Through a trust disposition the property was held by trustees, with the person holding a liferent in the property, and directing what was to happen to the property after their death when the trust was settled. Marriage contracts could also be used to direct heritable property. Trust dispositions can often be found in the records of solicitors, which may have been deposited in local authority archives.  They may have been registered and guidance to the registers in the National Records of Scotland can be found at <https://www.nrscotland.gov.uk/research/research-guides/research-guides-a-z/deeds> [accessed 26 April 2024].

                  Wills and testaments are held by the National Records of Scotland and have been made available through the ScotlandsPeople website <https://www.scotlandspeople.gov.uk/guides/wills-and-testaments> [accessed 26 April 2024].

                  Further guidance on wills and testaments and trust dispositions can be found at <https://www.nrscotland.gov.uk/research/guides/wills-and-testaments> [accessed 26 April 2024].

                    

                  Contributors: Margaret Fox (SCAN 2002), Elspeth Reid (2022) 

                  Notes

                  1 J. Irvine Smith, ‘Succession’ in An Introduction to Scottish Legal History (Stair Society, 1958) pp. 208-21; G. J. Bell, Principles of the Law of Scotland (10th edition, 1899) sections 1655-70. 

                  2 Titles to Land Consolidation (Scotland) Act 1868 (Vict. 31 & 32 c.101). 

                  3 J. Irvine Smith, ‘Succession’ in An Introduction to Scottish Legal History (Stair Society, 1958) pp. 208-21 (pp. 219-21)

                  Will I be able to read a testament?

                  Those written in the 16th and 17th centuries will be difficult to read unless you have had some instruction in palaeography, (that is, the study of old handwriting). The script may appear undecipherable and, as they are written in the Scots language, they contain many words and expressions with which you may be unfamiliar. Most 18th century testaments, however, are relatively easy to read, and those from the 19th century even easier. As with most things, the more practice you get the easier it becomes, so do not be put off if you find things difficult at first.

                  If I am struggling to make sense of a testament where can I go for help?

                  First read the research guide on the ScotlandsPeople website <https://www.nrscotland.gov.uk/research/guides/wills-and-testaments> [accessed 26 April 2024]. This will give you an understanding of what you can expect to find in the testament itself and be able to look out for the key elements.

                  The ScotlandsPeople website has a guide to Scottish Handwriting and includes a tutorial on an 18th century will which takes you through the various elements of a testament dative. <https://www.scotlandspeople.gov.uk/scottish-handwriting> [accessed 26 April 2024].

                  Your Scottish Archives provides a Glossary of legal terms and Scots words.

                  I have been tracing my family tree using statutory registers of births, marriages and deaths, the Old Parochial Registers and census returns. I would like now to widen the scope of my research. Will I be sure to find a testament for my ancestor?

                  Not necessarily. There was no legal requirement for individuals to make a will. Indeed, comparatively few Scots actually bothered to do this. And even if they died intestate (i.e. without having made a will) there was no obligation for their family to go to court to have the deceased’s affairs settled. Many families sorted things out amicably among themselves. Having said this, however, it is certainly worth checking the indexes to the testaments. Even if your ancestor did not leave a will it is still possible that an executor had had to be appointed by the court to administer the estate, in which case there will be some record of his or her possessions. There are sometimes testaments recorded for persons who lived and died in the lowliest situations, whose inventories might include such things as bottomless chairs and haystacks! So do not be put off if you think your ancestor was too humble to appear in the registers.

                  Am I right in thinking that, in Scotland, there was a difference between a will and a testament?

                  Yes, you are. A will was the document drawn up by an individual wishing to settle his or her affairs prior to death. As such, it clearly sets down instructions as to the disposal of the deceased’s possessions. It was variously termed ‘Last Will and Testament’, ‘Latter Will and Testament’, ‘Disposition’, ‘Settlement’ and ‘Disposition and Settlement’. A testament, however, was the legal document drawn up after a person died, and its sole purpose was to enable the court to confirm an executor who would be responsible for winding-up the deceased’s affairs. In other words, if there was a will there would definitely be a testament, but there could be a testament without a will.

                  What is the difference between a ‘testament testamentar’ and a ‘testament dative’?

                  Briefly, a ‘testament testamentar’, as well as containing the statutory clauses, includes a full copy of the will made by the deceased – if one was drawn up – and confirms executor(s) appointed by him or her in it. If for any reason a copy of the will is not actually included, reference is made to it having been recorded elsewhere, probably in the court’s Registers of Deeds. This sometimes happened after 1804 when statutory changes came about. A ‘testament dative’, on the other hand, was the document drawn up entirely by the court for the sole purpose of appointing and confirming executor(s) to administer the deceased’s estate. It does not include a copy will (because no will was written), and therefore does not indicate how the deceased’s possessions were to be disposed of.

                  What exactly will I find in a typical 16th – 18th century testament?

                  If it is a ‘testament dative’ you will find three distinct parts, that is, the introductory clause followed by the inventory of the deceased’s possessions and thirdly the confirmation clause. In the case of a ‘testament testamentar’ you will find four parts, all of these plus a copy of the deceased’s will, which is inserted between the inventory and the confirmation.

                  Is one type of testament ‘better’ than the other from a genealogical point of view?

                  Yes. You will find a ‘testament testamentar’ much more informative. As this includes a copy of the will of the deceased, you will be able to discover exactly how your ancestor wished to dispose of his or her possessions, and who was chosen to wind up the estate. This was usually a member of the family. A ‘testament dative’, on the other hand, does not contain any indication of the wishes of the deceased with regard to the disposal of his or her property since it was not drawn up until after the death. But the person appointed by the court as the executor could well have been the next of kin, so this will supply you with at least one genealogical detail.

                  Are testaments a useful source for social and economic history?

                  Yes, the inventory clause in particular, unless the inventory was drawn up specifically to satisfy the demands of the deceased’s creditors, in which case it will deal only with sums of money. Otherwise, it should contain a list of the deceased’s moveable estate, that is, his or her possessions, or ’goods and geir’. ‘Moveable’ property, as opposed to ‘heritable’ property (i.e. land, buildings, minerals in the ground and mining rights) included household possessions, articles of clothing, livestock, machinery, farming implements, a tradesman’s tools and machinery, etc. From an examination of inventories it is thus possible to build up a picture of what social and economic conditions were like in a particular locality at a particular time. Each inventory supplies, as it were, a snapshot of the deceased’s lifestyle.

                  Does a testament tell whether the deceased owned land and buildings?

                  The short answer is no, certainly for the pre-19th century period. In Scotland, an individual’s property was divided into two types, ‘heritable’ and ‘moveable’. The former consisted of land, buildings, minerals in the ground and mining rights, while the latter included the rest of his or her possessions, basically anything that could be moved. Testaments were concerned only with moveable property. Having said that, copies of some 19th century wills (alternatively named dispositions, settlements and latter wills and testaments), to be found in sheriff court registers may well include references to the deceased’s heritable property. However, since the rules of inheritance differed in respect of the two types of property (with records relating to the disposal of heritable property to be found elsewhere), you should not expect to find anything here.

                  Does a testament testamentar include the names of all the deceased’s children?

                  Not necessarily. If the deceased owned heritable property, that is, land, buildings, minerals in the ground and mining rights, this would be inherited by his eldest son, in accordance with the Scottish rules of succession. Therefore, unless he was also to receive a legacy under the terms of his father’s will (a copy of which will appear in the testament) do not expect to find any reference to him. Even if the deceased did not own any ‘heritage’, you may not be furnished with the names of all his offspring. This is because his children were, by right, entitled to a third part of his estate if their mother was still alive, or a half if she had pre-deceased her husband, and there was no need to make mention of this share (termed the ‘legitim’) in the testament. The father only had a third or a half part of his estate to dispose of as he pleased under the terms of his will, (termed the ‘dead’s part’) and he may well have decided to include other relatives or friends in this distribution as his children were already catered for. The beneficiaries of the ‘dead’s part’ will be named in the will, however, so if any children were to benefit over and above their ‘legitim’ share you will find them here.

                  Are 19th century testaments different from those of preceding centuries?

                  Yes, the 19th century saw changes in the format and character of testaments. Until 1824 testaments were confirmed by commissary courts, but after that date they became the responsibility of the sheriff courts. So inevitably there were some changes. But even before 1824 you may notice some differences. These came about as a result of clauses in the Revenue Acts of 1804 and 1808. Briefly, separate registers of inventories, confirmations and settlements (wills) were kept, and it was possible for an executor to register an inventory with the court without seeking confirmation. And, of course, you should find 19th century testaments much easier to read.

                  If I know the date of death for someone, should I restrict the search for his or her testament to a few years on either side of the date of death?

                  No, it is worth checking the indexes well beyond the date-range you are considering searching. Occasionally, the intervention of the court to settle the deceased’s affairs was not required until many years after the death, possibly as a result of a dispute.

                  Is there any point in searching for the testament of an Englishman or Englishwoman in Scottish records?

                  Probably not, unless you think there is a chance that he or she might have held some assets in Scotland, in which case you should definitely undertake this search. The registers of the principal commissary court in Edinburgh will be the ones to try. This court had responsibility in testamentary matters not only for Scots who died ‘furth of the realm’ but also for English people who may never have resided in Scotland but who held Scottish assets, even if it was only money in a Scottish bank account.

                  Valuation Rolls

                  Valuation rolls are lists of properties and their owners, compiled for the purposes of local taxation, known as rates. The rates were levied by local authorities for various purposes, such as poor relief, schools, policing, cleansing, new streets, or public health. From at least the early 17th century to 1855, valuation rolls were compiled intermittently, by different local authorities, such as the commissioners of supply in counties or burgh councils or sometimes by other bodies appointed to collect a stent, cess or other assessment. Between 1855 and 1989 valuation rolls were compiled annually by county and burgh assessors following formats and timetables laid down by legislation. After 1989, the basis for local taxation changed and domestic properties were removed from valuation rolls. Instead, domestic properties were covered by community charge rolls (1990-1993) and then council tax rolls (1994 onwards); while valuation rolls continued to be compiled for non-domestic properties only.

                  Land Tax Rolls, 17th century-1855

                  Valuation rolls were compiled by the Commissioners of Supply, the body of landowners in each county responsible for collecting the land tax from 1667.[1] The principal purpose of these land tax rolls was to record who owned which property (worth more than £100 Scots), how much each property was worth in terms of annual rent, and what the owner’s liability was in terms of taxation based on the rental value. Rolls for each county were compiled only sporadically and those for the 17th century and early 18th century normally list the estate names rather than the names of the owners. From the mid-18th century land tax rolls became more elaborate, recording the name of the estate, the owner, and (sometimes) the tenant or occupier. The holdings of leading landowners were sometimes subdivided into smaller estates. However, the valuation rolls compiled in royal burghs for the land tax list only the properties and their values, and not the names of the owners.

                  Under the County General Assessment Act 1868 the Commissioners of Supply were required to raise funds by rating.[2]

                  Valuation Rolls 1855-1989

                  Valuation Rolls between 1855 and 1989 were compiled annually by assessors appointed in each county and each royal or parliamentary burgh.[3] The format and contents were laid down by legislation, as were the annual deadlines for compiling the information, resolving appeals and publishing the rolls. The valuation rolls included all properties whose actual or theoretical annual rental value was estimated to be above a statutory minimum, initially £4 per annum along with the names and designations of the proprietors and the tenants. The rolls include the location and description of the property, what kind of property it was (e.g. dwelling house, shop, warehouse, hospital etc), the name and designation of the owner (proprietor), the name of the occupier (the tenant if the property was let or the owner if not) and, in some cases, the name of other occupants (if the property was sub-let, for example) and yearly rent or rateable value. Until the mid-20th century the rolls also included the occupation of most tenants and occupiers.

                  County rolls were subdivided by civil parish (and sometimes sub-divided by landowner, rather than address). Burgh rolls, from the early 20th century, were increasingly divided into municipal wards. In 1975 when regional assessors replaced the county and burgh assessors, the format of the valuation rolls changed.[4] Each region’s rolls were subdivided into local government districts, and these into wards.

                  Every six years, the assessors were required to send copies of the previous six years of valuation rolls to Register House in Edinburgh (now National Records of Scotland).

                  Non-domestic valuation rolls 1990-present

                  Valuation rolls after 1989 for non-domestic property (which paid business rates) continued to be produced annually.[5] These no longer included details of domestic and other types of non-commercial property.

                  Community charge (poll tax) records 1989-1993

                  In 1990 the community charge (or ‘poll tax’, as it was more popularly known) replaced domestic rates as the principal basis for local taxation. [6] This was a flat rate charge per adult (with a reduction for certain categories such as students and registered unemployed) and therefore the registers recorded the name and address of individuals liable to pay this tax.

                  Council tax valuation lists 1993-the present

                  The community charge was replaced by the present system of council tax in 1994.[7] Council tax valuation lists record addresses and the council tax band that applies to that address.

                  Where to find valuation rolls

                  Land tax rolls are held in the National Records of Scotland (NRS) and digital copies are available on the ScotlandsPlaces website <https://scotlandsplaces.gov.uk/> [accessed 26 April 2024. Some of these pre-1855 valuation rolls can be found in local authority archives among the Commissioners of Supply records for each county. Burgh assessment rolls may also be found in local authority archives. Another series of early valuation rolls is found among the records of the Inland Revenue in the National Records of Scotland (reference IRS/4), which covers 9 counties.

                  Complete series of valuation rolls, 1855-1989, for the whole of Scotland, by county, burgh or (after 1975) region, are held by NRS: indexed digital copies of these are available on the ScotlandsPeople website (fees apply) <https://www.scotlandspeople.gov.uk/> [accessed 26 April 2024]. Some local authority archives services and local studies libraries hold less comprehensive runs of valuation rolls for particular counties, burghs and regions.

                  NRS holds copies of all the registers of people in Scotland liable to pay the community charge. Some local authority archives may also hold local copies.

                  NRS holds complete copies of all council tax valuation lists. Some local authority archives may also hold local copies.

                  Who uses valuation rolls

                  Valuation rolls are a key source for local and building history, showing who lived in a house, which estates owned large numbers of properties, where businesses and industries were located and how this changed over time. They are frequently used to identify economic changes as the types of buildings and their values changed. Family historians can use valuation rolls to find individuals and see how long they lived at an address: this task has become easier now that many valuation rolls have been indexed and are available digitally. However, care should be taken to ensure that individuals with the same name are not confused and it should be noted that only the people liable for paying the rates are listed and not the entire household.

                  Valuation rolls are also used for non-historical research such as by the owners of buildings to establish a previous use of the building when applying for planning permission; by individuals to establish proof of tenancy or residency; by credit agencies and prospective employers, in confirming residential status; and by the police in criminal investigations.

                  Contributors: Bob Brown, (National Archives of Scotland, 2002) Robin Urquhart, Andrew Jackson (both SCAN, 2002), Elspeth Reid (2021)

                  Bibliography

                  National Records of Scotland Tracing Your Scottish Ancestors (Birlinn, 2020)

                  Sinclair, Cecil Tracing Scottish Local History (HMSO,1994)

                   

                  References

                  [1] Act of the convention of estates of the kingdom of Scotland etc, 1667. The Records of the Parliaments of Scotland to 1707 [RPS] ed. by K.M. Brown and others (University of St Andrews: 2007-2021) 1667/1/10 http://rps.ac.uk/trans/1667/1/10 accessed 18 May 2021.

                  [2] County General Assessment (Scotland) Act 1868 (31 & 32 Vict. c.82).

                  [3] Valuation of Lands (Scotland) Act 1854 (17 & 18 Vict. c.91).

                  [4] Local Government (Scotland) Act 1973 (c.65).

                  [5] Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c.47).

                  [6] Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c.47).

                  [7] Local Government Finance Act 1992 (c.14) ss.70-99.

                   

                  Were valuation rolls compiled during wartime?

                  Yes, valuation rolls were compiled during wartime

                  Why are valuation rolls for Lanark County (with few exceptions) available only in Edinburgh?

                  One copy of each valuation roll produced by the Lanark County Assessor was sent to Edinburgh to be kept for historical and legal research at Register House (now the National Records of Scotland). Another copy was kept by the Assessor’s office in Lanarkshire. When the Scottish counties and burghs were abolished in 1975, the surviving valuation rolls (and voters’ rolls) Scotland’s city, district and regional archive services attempted to preserve the valuation rolls and voters rolls for their areas. In most cases they were successful. In the case of Lanark County, the valuation rolls and voters’ rolls belonging to Lanark County Council were removed or destroyed, either by staff in the outgoing County Assessor’s office or by local officials in the successor authority, Strathclyde Regional Council, before staff from the newly created Strathclyde Regional Archives could secure them for preservation. Among the Lanark County records held by Glasgow City Archives there is a valuation roll for Lanark County for 1894, and among the records of several civil parishes with the Lanark County records there are series or individual rolls for those parishes. The National Records of Scotland hold valuation rolls for Lanark County from 1855 until 1975.

                  If I don’t know someone’s address, can I find his or her details in a valuation roll?

                  Not very easily. Firstly, the person must be the head of the household (as far as the Assessor is concerned): either the owner or tenant of the property. Secondly, the roll is arranged by the address of the property. The indexed digital records will be helpful for those years that are currently available, but for the unindexed original records you would have to search through randomly occurring surnames (i.e. the surnames are not in alphabetical order). Thirdly, the only distinguishing information between people with the same name is their occupation and it is easy to confuse individuals: it may not be possible to tell the difference between a father and son with the same occupation. It may therefore take about an hour or two to work through the roll for a small community – a village or small town. For larger towns and cities, it would require several days to search through the whole roll.

                  How do I find an address in a Glasgow valuation roll?

                  For the period 1913-1989, Glasgow valuation rolls survive at the National Records of Scotland; at Glasgow City Archives; and at the History and Glasgow Room of the Mitchell Library in Glasgow. Valuation rolls for this period are arranged by ward, but every few years there were changes to the boundaries and numbering of wards. You need to consult a street index to find out which ward a street was in at any given year. Glasgow City Archives have street indexes for the period 1913-1995. The National Records of Scotland have a street index for 1875. For the period 1855 – 1912 valuation rolls for Glasgow survive only at the National Records of Scotland. The Glasgow rolls are divided into volumes for Glasgow Burgh, Glasgow Barony, Govan Parish and Gorbals Barony. There is an index of streets compiled from the 1875 valuation roll, which tells you which of the volumes a street is in, but the index is not entirely accurate for the period after 1878, because of boundary changes involving Glasgow burgh. Glasgow City Archives have a database index of owners and occupiers from valuation rolls for 1861, 1881 and 1891. For further details contact Glasgow City Archives.

                  What information does a valuation roll contain?

                  A valuation roll records details about each property which was liable for domestic rates (local taxation) for a particular year, in the period 1855-1989. It records the address of the property, the type of property (e.g. a house, factory, hotel, inn, shop etc), the owner, the tenant (if the property is not occupied by the owner), and, sometimes, other occupants (for example where a tenant has sub-let the property). In 19th century rolls and rolls for the first half of the 20th century, the occupation of most tenants and occupiers are given. The roll also records the rateable value and gross annual value of each property: these were used to calculate the level of rates (local taxation) paid for each property.

                  Are valuation rolls useful sources of information for family history?

                  If your prime interest is in obtaining dates of birth, marriage and death for ancestors, valuation rolls will not be much use. If you are ‘putting flesh on the bones’ of your family tree, valuation rolls might be useful, as they contain information about individuals such as whether they owned or rented their houses, what their occupations were, and what sort of house and neighbourhood they lived in (by comparing the address and its occupants with others nearby). However, research in valuation rolls can be time-consuming and may simply confirm information about an individual you already know from other sources. There is, however, one use which valuation rolls can be put to with good effect in family history, and that is to identify the nature of a building recorded on a birth or marriage certificate. For example, the marriage or birth certificate might simply state an address, which the valuation roll might confirm was a hotel, church, private house, hospital or poorhouse.

                  Are valuation rolls useful for tracing missing persons?

                  Not really. Valuation rolls for domestic properties have not been compiled since 1989, so are now out of date. Secondly they are usually arranged by street, not by personal name. Electoral rolls are slightly better, because they are updated annually and include the names of more people, although Electoral Rolls, again, are arranged by street name. It is possible to buy databases of voters rolls, produced commercially. For further advice on tracing someone you have lost track of read Colin D Rodgers, Tracing Missing Persons: an introduction to agencies, methods and sources in England and Wales (Manchester University Press, 1986).

                  If I am having trouble finding an address in a valuation roll, why might this be?

                  Valuation rolls can be difficult to search through. Often a particular address or building does not seem to appear where it should in the roll.

                  See below for details of common problems and what to do.

                   

                  Odd and even street numbers

                  Valuations rolls almost always record the properties on one side of the road and then the other. In most cases, therefore, the odd numbers will be recorded then the even numbers. Before 1975 most valuation rolls record properties in each street by running up the odd numbers (1, 3, 5, 7 etc) and, once the end of the street has been reached, running back down the even numbers (e.g. 36, 34, 32 . . . etc).

                  What to do: double-check the numbering to make sure you haven’t missed a street number.

                  Street intersections

                  In the 19th century and early 20th century, Assessors enumerated streets as far as an intersecting street, then enumerated the intersecting street before continuing with the first street. For example, if Main Street was intersected by Kirk Street, the relevant part of the valuation roll might look like this:

                  45 Main Street

                  47 Main Street

                  49 Main Street

                  1 Kirk Street

                  3 Kirk Street

                  5 Kirk Street

                  6 Kirk Street

                  4 Kirk Street

                  2 Kirk Street

                  51 Main Street

                  53 Main Street

                  55 Main Street

                  What to do: Double check the numbering, taking into account intersecting streets

                  Municipal boundaries

                  A street might start in a city, burgh, parish (or post 1975 local government unit) and continue in another. For example, in the 1890 valuation roll for Glasgow numbers 2-156 Argyle Street were in Glasgow City, while Argyle Street from number 158 onwards were in Barony Parish. Each part of the Street was in a different valuation roll. In some cases a whole town or village straddles a boundary. The town of Barrhead, for example, was partly in Neilston Parish and partly in Abbey Parish, in two separate divisions of the Renfrewshire valuation roll. The village of Busby was partly in East Kilbride Parish, Lanarkshire, and partly in the parishes of Mearns and Cathcart, Renfrewshire.

                  What to do: refer to a contemporary map or gazetteer to find out if a place was divided by a municipal boundary.

                  Ward boundaries splitting streets

                  Streets make ideal physical features for ward boundaries, so it is common to find a street where one side (the odd numbers) are in one ward, while the other side (the even numbers) are in another ward, in different parts of the valuation roll. In addition, a street might be bisected by a ward (or parish or burgh) boundary and appear in two or more parts of the valuation roll.

                  What to do: if there is no street index available, check if the valuation roll for the parish/burgh/city is divided into wards and check each ward for different parts of the street.

                  Boundary changes

                  The boundaries of cities, burghs and parishes change periodically, and this can affect valuation rolls, much as it affects other records such as census returns. A street or place might appear in the valuation rolls for a certain parish for several years, then apparently disappear. This may be because a boundary has changed and the street or place is now within a different parish, or been annexed by a burgh or city.

                  What to do: refer to contemporary maps and gazetteers to find if a place has been affected by a boundary change.

                  Local government reorganisation

                  The local authorities which were required to appoint assessors changed several times due to local government reorganisation. In 1889 there were boundary changes to the counties. From 1855 to 1930, royal burghs and parliamentary burghs had their own assessors who compiled separate valuation rolls while other burghs were included in county valuation rolls. From 1930 to 1975, a new system of cities, large burghs and small burghs was set up, and only cities and large burghs appointed their own assessors to compile valuation rolls, while all other burghs were included in county valuation rolls.

                  What to do: Check the history of a burgh to find out if it was a royal or parliamentary burgh before 1930 and if it was not, then look at the county valuation rolls.  For burghs after 1930, look at the List of Counties, Cities, Large burghs, Small burghs to identify which burghs created valuation rolls and which were included in county valuation rolls.  County and burgh boundaries can be seen on historic Ordnance Survey maps many of which can be accessed online through the National Library of Scotland website.

                  Street name changes

                  Sometimes the name of a street changes. This may reflect the way a street is commonly referred to, or else the change may be the decision of the municipal authority for the place concerned. Where city boundaries expand and bring in streets, whose name already occurs elsewhere in the city, one of the streets may be renamed in order to prevent confusion.
                  What to do: refer to contemporary maps and postal directories, or, where available, published guides to street names.

                  Multiple frontages

                  Where a large building (especially commercial and industrial properties) occupies a site which fronts onto two or more streets, the valuation roll may record the property under only one address (what the Assessor regards as the postal address). For example, a shop may have entrances at Main Street and Kirk Street, but may appear in the roll only under Main Street.

                  What to do: refer to contemporary maps.

                  Terraces and courts

                  The recording of terraces, courts and other minor streets may change over time in the rolls. A row of houses, or cluster of buildings, might begin life under one name, but eventually be classed as part of a longer street. For example, a row of five houses might originally be recorded as 1-5 Kirk Terrace, but these might be renumbered 54-62 Kirk Street, when the numbering of the street is simplified.

                  What to do: refer to published street name guides, where available, or else contemporary maps and postal directories. If the street involved appears in the valuation roll for one year, but not the next, check the names of the owners and occupants of the street in the first year, and try to find the matching names in the next year’s roll.

                  Building not rated

                  Only buildings over a certain value (originally an actual or theoretical value of £4 in annual rent) were liable for local rates. If the building was a comparatively modest one, therefore, it may not appear in the valuation roll. The building would have to be very modest indeed, however, since categories of buildings which were rated and do occur in valuation rolls include advertising hoardings and garages.

                  Unnumbered buildings

                  Sometimes buildings (particularly newly built buildings) are not given a street number in the rolls until the numbering of the street has been formally determined. The property may be known now as ‘175 Kirk Street’, but until fairly recently it may be referred to in the rolls as ‘cottage, Kirk Street’.

                  What to do: check the valuation roll carefully about the street number in question, looking for buildings without a number which might fit the description of your property.

                  Administrative time lag

                  New buildings take time to appear in the valuation roll. A building completed in November 1875, say, would not appear in the 1876 valuation roll (because the Assessor’s survey for that roll was carried out in the Autumn of 1875). It might make its first appearance in the valuation roll in 1877.

                  What to do: bear in mind the time lag for information reaching the valuation roll.

                  Subdivisions, e.g. railway, government property etc

                  Some valuation rolls have separate divisions for different types of property, for example, railway property, central government property, local authority housing and other buildings, and agricultural and sporting property.

                  What to do: check the valuation roll thoroughly, particularly the final pages of each parish, burgh, or ward.

                  The source of your information might be wrong

                  If you cannot find a property in a valuation roll, you should consider whether the information you have about the building is correct. For example, it is not uncommon to find erroneous information in published architectural guides (for example, giving erroneous dates for the construction of a buildings), or for someone to muddle a street number, street name or building name.

                  What to do: valuation rolls are difficult to search without accurate information about street names and numbers. Consider other sources of information, including postal directories.

                  Clerical Error

                  As with any official record, the possibility of clerical error cannot be ruled out. An error could be made at the point of survey, or while the roll was prepared for printing, or in the printing process.

                  What to do: check the valuation rolls for the following years to see if an error is rectified later.

                  Why might a person not appear in a valuation roll at an address he or she was resident at?

                  There are five main reasons why someone may not appear in a valuation roll.

                   

                  Not the householder or owner

                  Remember that the purpose of a valuation roll was not to record the names of all residents at a property, but to record merely those liable for local rates: the owner and – if appropriate – the tenant. A person may have been resident at a property but not mentioned in a valuation roll because he or she was not the owner of the property or the tenant. For example, a married couple might have been resident but if the husband or wife was the tenant, the other spouse will not be named. If the person concerned was a subtenant he or she would not be mentioned.

                  Unofficial house swap

                  Sometimes the tenants of two houses swap houses informally, between themselves, without changing the lease. This happened particularly between tenants of council houses. Tenants might swap to be nearer family or because a bigger or smaller house is required. If this is done without formal permission from the owner of the property, the valuation roll will not be changed to reflect the informal arrangement.

                  Administrative time lag

                  Because valuation rolls were almost always published once per year, they do not take into account changes until the following year. In general county and burgh surveyors surveyed properties in the Autumn and published the roll based on this survey the following Whitsun (15 May). So, for example, a roll published on 15 May 1925 contains information about properties gathered in the Autumn of 1924. A new tenant might move into the property in December 1924, but not appear in the valuation roll until May 1926.

                  Clerical Error

                  As with any official record, the possibility of clerical error cannot be ruled out. An error could be made at the point of survey, or while the roll was prepared for printing, or in the printing process.

                  False information

                  Owners or occupiers might give false information at the point of survey, deliberately (for example to avoid taxation) or accidentally (for example, a husband or wife giving his or her name as tenant, when, strictly speaking the tenant was the other spouse).

                  How can valuation rolls help me prove I was a tenant for a number of years?

                  Because valuation rolls record the name of the tenant and the owner of each property, they are accepted as evidence of a tenancy for some purposes.

                  To use valuation rolls in this way, someone has to search back through the valuation rolls for period concerned. This typically takes an hour or two but becomes more complicated and time-consuming if the tenant rented several houses in succession. There will be charges for providing copies and there may be charges for the search.

                  Valuation rolls do not provide exact dates of tenancy. There are, however, limitations, which should be borne in mind:

                  (1) Valuation rolls record only heads of household (in theory, the person whose name was on the lease). If the spouse of a tenant, or some other member of the household, wishes to prove residence, they may need to use voters rolls in addition to the valuation roll: i.e. the valuation roll proves that the house was a council house, but only records the head of the household, while the voters roll records the names of the other adult members of the household.

                  (2) Valuation rolls were published once a year (in May, until 1975; in April thereafter).
                  The information was gathered in the Autumn of the previous year. So, it takes a valuation roll a year or two to catch up with a change of tenancy. For example: a council tenant moves into 999, Letsby Avenue in January 1968 he then moves to 45, Rebellion Street in October 1975.

                  In the 1968 roll (compiled Autumn 1967) he is not listed at either address.
                  In the 1969 roll (compiled Autumn 1968) he is listed at Letsby Avenue.
                  In the 1975 roll (compiled Autumn 1974) he is listed at Letsby Avenue.
                  In the 1976 roll (compiled Autumn 1975) he is listed at Letsby Avenue.
                  In the 1977 roll (compiled Autumn 1976) he is listed at Rebellion Street.

                  Thus, the valuation roll appears to take two years to catch up with his change of address. In exceptional cases, local archives sometimes hold supplementary rolls, compiled by local Assessors, which record the date that a property appeared for the first time in the roll during the previous year. This is useful where the tenant was the first tenant in a new property

                  For further reasons why someone may not appear in a valuation roll, see the FAQ – Why might a person not appear in a valuation roll at an address he or she was resident at?

                  What is the difference between a voters’ roll and a valuation roll?

                  There are several differences because they were compiled for different purposes:

                  Valuation Rolls (1855-1989): Voters’ rolls (electoral rolls):
                  ·        Record owners and tenants of property who were liable for local taxation in a particular place.

                  ·        Are arranged by local authority area (county/district/burgh/parish/ward) and address

                  ·        Are no longer compiled for domestic addresses (the last domestic valuation roll was for 1989)

                  ·        Were usually published each year on 15 May until 1974, then 1 April from 1975 until 1989.

                  ·        List more addresses than corresponding voters’ rolls, but (since the 1880s) fewer people

                  ·        Record all those eligible to vote in a particular place.

                  ·        Are arranged by parliamentary constituency, polling district and (in most cases) address.

                  ·        Are still compiled annually

                  ·        Were, and are still, usually published in February each year

                  ·        List more people than the corresponding valuation roll (at least since the late 19th century), but the valuation roll will mention more properties (since it will include commercial and government property which contain no residential voters).

                  Do valuation rolls tell you who owns land?

                  Land tax (cess) rolls compiled by the Commissioners of Supply from the early 17th to the early 19th century record the names of owners of property worth more than £100 Scots worth of annual rent in each parish. Valuation rolls compiled by county and burgh Assessors, for the period 1855-1974, and by Regional Assessors, for the period 1975-1989, do not include details about the ownership of land directly. They record, on the whole, the ownership of occupied buildings. However, they also include details of shooting and fishing rights on sporting and agricultural estates, some commercial grazing land, and some land used for commercial purposes (for example coal yards).

                  How do I find the valuation roll for an island or a property on an island?

                  For the period 1855 – 1974 you need to find out which county and civil parish(es) the island was in. You can do this by closing this box, going to the Knowledge Base home page, and selecting the Gazetteer in ‘Places’.

                  Why do some valuation rolls have separate lists of ‘service voters’ at the end of the rolls for each parish?

                  From 1946 onwards ‘service voters’ have been defined as members of HM Armed Forces and their spouses, plus crown servants and British Council employees and their spouses residing abroad. They do not register in the same way as residents and may not necessarily reside in the area of registration. Armed forces’ spouses have the option of registering as residents while in the UK. There were 18,686 service voters registered on the 1999 register.

                  However, prior to 1946 ‘service voters’ were individuals who occupied properties as part of their conditions of service (e.g. some categories of agricultural employees and domestic servants, such as gamekeepers), and who were enfranchised under the Representation of the People Act, 1884. Separate lists of these appear in the valuation rolls for some counties in the late nineteenth century and the first half of the twentieth century, as laid down in the Local Government (Scotland) Act, 1889, viz.:

                  Special provisions as to service franchise occupiers – Notwithstanding section nine, sub-section (5), of the Representation of the People Act, 1884, there shall be entered in such column and with such heading as the deputy clerk register may approve, in the valuation roll of each county in the manner and subject to the provisions of the Valuation Acts, the annual value of every dwelling-house, the situation or description of which is entered in the said roll under the provisions of section nine, sub-section (2), of the Representation of the People Act, 1884. No person shall be liable to be rated in respect of such an entry, but the person rated in respect of the occupancy of the lands and heritages which include such dwelling-house shall be entitled to relief against the person (in this Act referred to as a service franchise occupier) occupying the same under him by virtue of any office, service, or employment, in respect of so much of the occupiers consolidated rate paid by him as is applicable to the amount entered in the valuation roll under the provisions of this Act as the annual value of such dwelling-house: Provided that where an arrangement has been made under which a deduction is expressly made in name of rates from the wages or emoluments of any service franchise occupier, this section shall not confer any right of relief as hereinbefore provided.

                  Why are photocopies of valuation rolls sometimes more expensive than copies of other records?

                  The cost of photocopying extracts from valuation rolls is sometimes set by Assessor’s offices which deposit the valuation rolls in the local authority archives and library services.

                  Trust Sederunt books

                  Family trusts

                  Family trusts were usually administered by solicitors, and the records of old-established legal firms may include hundreds of minute books of these trusts, sometimes for several generations of the same families. These are usually referred to as ‘sederunt books’, and in practice contain copies of the papers relating to the administration of the trust, not only minutes of meetings, but also copies of accounts, correspondence and other documents. Elsewhere in the UK these would probably be a loose bundle of papers, labelled and tied with red tape, but Scottish legal practice was to transcribe them into bound volumes. The trusts might arise from marriage contracts, or occasionally from sequestrations (a form of bankruptcy) or from some form of personal incapacity, such as mental illness. Much the commonest type, however (well over 80 per cent), are executries, trusts created normally by a trust disposition and settlement.

                  Contents of trust sederunt books

                  A sederunt book will normally begin with a transcript of a trust disposition and settlement. The creator of the trust will appoint a small number of members of his family and friends as his trustees, and convey to them all his property, heritable and moveable, to take effect on his death. He will nominate them as his executors, and if appropriate appoint them as tutors or curators of any children who are minors at the time of his death. The disposition will then proceed to declare the purposes of the trust, normally to provide an income for his widow and children, particularly any unmarried daughters, and will end with a general power to the creator to revoke the disposition at any time during his life. He might also later alter it in detail by one or more codicils, like those to a will, and these will also be transcribed into the sederunt book. The sederunt book will continue with a note of death (perhaps many years after the date of the disposition) and continue with trustees’ agreements to act and minutes of their meetings. A full inventory and valuation of the estate of the deceased at the time of death would be necessary for confirmation purposes. This will be transcribed into the book and may well include a room-by-room inventory of house contents. Thereafter the main contents will be the minutes of meetings of the trustees, usually increasingly formal, and perhaps only quarterly or even less frequent, accounts and copies of correspondence. The trust may wind up in less than five years, but where children are involved, it might well continue for half a century or more.

                  Location and use of trust sederunt books

                  Sederunt books are rare before about 1820, but as a record type were still being created in the 1920s and 1930s, and individual trusts continued much longer. They survive among the records of long-established Scottish legal firms, many of which have been deposited in Scottish archives. The largest collections are held by Glasgow City Archives and the National Records of Scotland. They are perhaps of greatest value for those (including business historians, biographers, local historians, and, occasionally, family historians) researching individual business and professional figures. In addition, trust sederunt books are an excellent source for those researching the Victorian middle class, both at the level of prominent entrepreneurs, manufacturers and professional men, some of them historical figures in their own right, and also of the more typical small tradesmen and shopkeepers. They will give details of their assets, perhaps including their businesses, if they were still in business when they died, and the inventories are of interest for the material culture of their homes and daily lives. Glasgow City Archives, in conjunction with Glasgow University, has pioneered the use of trust sederunt books in the study of decorative arts and house interiors by undergraduate students of fine arts.

                  Contributors: Andrew Jackson, Robin Urquhart (both SCAN 2002); Olive Geddes (National Library of Scotland 2002).

                  What does the word ‘sederunt’ mean?

                  ‘Sederunt’ is a Latin word, meaning ‘there sat down’, i.e. when a record of a meeting begins ‘sederunt’ followed by a list of names, it indicates that those named sat down to hold a meeting or to form a court.

                  Are trust sederunt books a good source for the study of middle class women?

                  Along with testaments, trust sederunt books are valuable as sources of information on the property and lifestyles of middle class women, and provision for them by family trusts. A small proportion of trusts were set up by women (which are obviously useful for studying women who owned and disposed of property in their own right), while the majority of family trusts will deal with provision for widows and children of the person who set up the trust.

                  Are trust sederunt books a good source for family history?

                  Bear in mind that the proportion of people who left trusts is small, and the proportion of trust sederunt books which have survived from the 19th century is even smaller. If you are fortunate to find a sederunt book surviving for an ancestor, then it will be a valuable source of information, but principally about his property and lifestyle. It is unlikely to give you information about the family which is not available from other sources.

                  How do I find out if a trust sederunt book survives for a particular individual?

                  What you are hoping for is that the sederunt book(s) for the individual, family or trust you are interested in survives among the records of a firm of solicitors (or, less likely, within family or business papers) deposited at an archives service which is open to the public. The National Records of Scotland, Glasgow City Archives and the National Library of Scotland all hold large collections of solicitors’ records. Other local authority archives and university libraries and archives also hold smaller collections.

                  Most archives services have cataloguing systems available online and you should start by using these systems or Your Scottish Archives to search for the name of the individual, family or trust. If you do not find anything and you have some evidence that the individual or family used a solicitor and set up a trust, contact the relevant archives service and ask for assistance. Always remember, however, that many solicitors have not deposited records with an archives service and that only a few people set up such trusts, so be prepared to be told there is nothing relevant in the collections.

                  Statistical Accounts of Scotland

                  There have been three ‘statistical accounts’ of Scotland. The first, undertaken at the end of the 18th century under the direction of Sir John Sinclair of Ulbster (1754-1835), is usually referred to today as the ‘Old’ or ‘First’ statistical account. It was published in twenty-one volumes between 1791 and 1799. The second was the New Statistical Account, published between 1834 and 1845. The Third Statistical Account of Scotland was published between 1951 and 1992.

                  All three statistical accounts were based on questionnaires sent out to the Church of Scotland ministers in each parish. The Old Statistical Account questionnaire asked for information about the geography and natural history of the parish, its population, their occupations, origins and religious persuasion, the agriculture of the parish and miscellaneous topics including the poor, typical wages, archaeological remains and ruins, the state of roads and other matters. The New Statistical Account questionnaire asked for information about topographical and natural history, civil history, population, industry, parochial economy and miscellaneous observations. The Third Statistical Account included an account of each county as well as accounts of the individual parishes and covered industry, transport and culture as well as population changes, agriculture, religious affiliation and miscellaneous topics.

                  Online versions of the Old and New Statistical Accounts can be seen, along with more background information about them at Edinburgh University’s <https://stataccscot.edina.ac.uk/static/statacc/dist/home> [accessed 26 April 2024].