Part 1 of this article made reference to the ecclesiastical court hierarchy that existed prior to 1858 and summarized several useful finding aids for the Prerogative Court of Canterbury. A search for probate at the local level focuses on the records of the consistory and archdeacon's courts. Some preparatory work will insure a search is complete, and reduce the chance of confusion.

List of Courts, in Order of Seniority:

• Prerogative Court of Canterbury (PCC)
  
• The courts of the Archbishops of Canterbury and York (PCC and PCY)
  
• Diocesan courts (consistory and commissary courts)
  
• Archdeacon's courts
  
• Courts of peculiar jurisdictions

There were administrative rules stating the conditions for the referral of a matter of probate to the appropriate court. For example, the probate of someone who died possessed of goods to the value of five pounds or more in two or more dioceses, was to be handled by the PCC or the PCY. Like any set of rules, there were many exceptions, so it frequently occurred that use of a particular court did not fit the guidelines (see Jan. 14 article for some of these). Information about rules, exceptions, and the reasons why probate migrated to another court, can be found in Ancestral Trails: The Complete Guide to British Genealogy and Family History (Mark Herber, GPC, 1997), Your English Ancestry: A Guide for North Americans (Sherry Irvine, Ancestry, rev. ed. 1998), and PCC Wills and Other Probate Records (Muriel Scott, PRO, 1997).

Distance researchers come to a search in the courts other than the PCC either initially, out of conviction that the PCC is an unlikely place, or after an unsuccessful search in its indexes. In either situation, a logical sequence of steps will insure a thorough search in lower court records.

Whether looking for all probate records for the selected name over a defined period of time in one or more counties, or for the probate of a specific individual, with parish of residence known, the groundwork is the same.

1. Select the county or counties to be searched.
2. Identify the diocese(s) and archdeaconries, and the courts where probate was most likely to be granted.
3. Ascertain what documents survive - wills, administrations, and inventories—and what indexes and finding aids have been created.
4. Note the locations and availability of the records and finding aids.

Essex has been selected as an example to explain these steps. The search is to look for all probate records in the name of Bayley/Bailey from 1660 to 1720 in the area of Hornchurch and South Weald, to the east of London.

All of the county of Essex was within the Diocese of London, and its court, the Consistory Court of London, had an Essex and Hertfordshire division. At this time, the county had three archdeacon's courts: Colchester, Essex and Middlesex. The first two were wholly within Essex, while Middlesex contained parts of Essex and Hertfordshire, as well as Middlesex. South Weald was in the Archdeaconry of Essex, and Hornchurch, located within the Liberty of Havering atte Bower, had a special court—the Peculiar Court of Hornchurch. The patronage of Hornchurch belonged to the Warden and Fellows of New College, Oxford.

The best visual representation of these jurisdictions is to be seen in the Atlas and Index of Parish Registers (Cecil Humphery-Smith, Phillimore, 2nd ed., 1995), but it really helps to read the accounts for the county of Essex and the two parishes in the Topographical Dictionary of England (S. Lewis, orig. pub. 1831, rep. GPC, 1996).

To find out what survives turn to Probate Jurisdictions: Where to Look for Wills (J.S.W. Gibson, Federation of Family History Societies, 4th ed., 1994). In a clear and concise manner, this book states what wills and administrations survive, lists indexes and finding aids (published and unpublished) and any related sources; and, it includes small sketch maps of the court jurisdictions. Locations for records in England are given. Knowing the extent of records and research aids, it is now possible to check what can be accessed in North America, most probably through LDS Family History Centers, and some university libraries.

For the examples of South Weald and Hornchurch, the wills of the Archdeaconry of Essex (from 1400) are in the Essex Record Office (ERO). The British Record Society has published indexes. There are records of administrations from 1660, but with manuscript calendars only. Probate records for the Peculiar of Hornchurch are at New College, Oxford, but there is nothing before 1766. For the diocesan level, the records of the Consistory Court of London (Essex and Herts. Division) are at the London Metropolitan Archives. There are chronological lists to Essex wills and administrations from 1669, and manuscript calendars which include the 1660 to1669 period; indexes to all wills to 1719 are in preparation. (see Gibson, Probate Jurisdictions pp. 25-26)

How much of this can be examined in North America? The first place to look is the Family History Library Catalog under England, Essex – Probate Records and England, Essex - Probate Records, Indexes. Registered wills are on 6 rolls of film for 1660 to 1720 for the Archdeaconry of Essex, and the British Record Society indexes can be viewed on film or fiche. Also on microfilm are Act Books and Administrations. Act Books are chronological summaries of court activities and include the major points of a grant of probate. For the Consistory Court of London, the Family History Library Catalog lists the relevant holdings under Essex. It includes registered wills, administrations, and finding aids.

Some of these records were filmed a very long time ago. The notes to the records of the Archdeaconry of Essex state they were filmed from original registers in Somerset House in the 1950s. The entry in "Probate Jurisdictions" states that the wills are in the ERO at Chelmsford. In fact, the wills resided at Somerset House for a century, returning to the ERO in 1958.

The volumes of indexes produced by the British Record Society have been issued on microfiche by the publishing firm of Chadwyck-Healey. These may be available in a nearby university library.

Armed with the knowledge of what exists and what can be accessed readily, a research plan can be created. If there is a university in your vicinity which offers studies in English history, the library may subscribe to the publications of the British Record Society, or to the reference publications from Chadwyck-Healey. Check this out, then visit the nearest LDS family history center and carefully review the probate holdings for the dioceses of interest. Now the decision focuses on time and money, how much you want to do yourself and whether or not you know a reliable friend or agent.

Returning to the family of Bayley/Bailey in Essex, research indicated a family of some stature, possibly with property in Middlesex and Essex. This suggests a top down search - after the PCC, the Consistory Court of London, then the Archdeacon's Court (no records exist for the relevant period for the Peculiar court of Hornchurch). However, access suggests beginning with the lowest court—a check of local sources indicates that the British Record Society indexes can be viewed at the university library. They cover all Essex courts together, thus offering the added insurance of reviewing neighboring jurisdictions. To view records of the Archdeacon's Court, and to check finding aids and examine the diocesan court material, involves ordering films to the family history center or employing an agent.

This search offers choices for checking indexes and obtaining copies of original records. It isn't always the case, but when the groundwork is done at least the situation is clear.

Sherry Irvine, CGRS, FSA (Scot) has been researching her British ancestry for thirty years. She founded Interlink Bookshop and Genealogical Services in 1988, and she currently lectures in Canada and the United States and is vice president of the Association of Professional Genealogists. Suggestions for future British genealogy articles can be sent to Sherry Irvine at: sherryirvine55@myfamily.com. Sherry will not be able to send personal replies, but she will feature some questions in upcoming issues of the Ancestry Daily News. She also regrets that she is unable to assist with personal research. Sherry is the author of Your Scottish Ancestry: A Guide for North Americans and Your English Ancestry: A Guide for North Americans.