A post by David Perkins, who catalogued the settlement papers for Rayleigh and Hadleigh last year as part of an MA Placement, funded by the University of Essex and the Friends of Historic Essex. Read about his experience in his previous blog post.
The Essex Record Office holds a vast collection of settlement papers covering the majority of parishes from across the county. The settlement papers for these parishes contain documents relating to an individual’s or family group’s right to, or place of, legal settlement. Ranging from the late seventeenth century to the early nineteen century, settlement papers offer unique details and a window into the lived reality of the common person who is otherwise lost to history.

A brief history of settlement papers
Prior to the English Reformation, care for those who were unable to support themselves was, in the main, provided for through the Catholic Church. However, with the closing of many religious houses in the sixteenth century, and with them the manpower, facilities, and above all the finances, the care and relief of those in need fell to the residents of the local parish.
From 1536 the Act For Punishment of Sturdy Vagabonds and Beggars (27 Henry VIII c. 25) stated that the churchwardens of each individual parish were required to collect voluntary alms from the parishioners to then be used to relieve the poor of the same parish, with the giving of casual alms then becoming legally banned, save a few exceptions.
The 1552 Act For the Relief of the Poor (5 & 6 Edw. VI c. 2) required that a collector of alms, rather than the churchwardens specifically, was to be chosen from amongst the parish to be responsible for managing the finances of the parish’s poor relief. Also, that a register of the impotent poor – those who were unable to work through injury, illness, or old age – should be recorded and kept.
Although many people in every parish across the country were willing, as part of their Christian duty of charity, to give alms and support to those in need, there were many who were not as willing to actively give donations. The state did not have the funds to take direct control of poor relief, so to ensure that there was money available at the parish level the 1563 Act For the Relief of the Poor (5 Eliz. I c. 3) ensured that those who did not voluntarily contribute financially were to be examined by the Justices of the Peace on their ability to donate, and then forced to do so if they were found to be able.
Since it was the parishioners who were giving their own money to their fellow parishioners, there was a clear delineation by society on who was deserving and who was not. Once a deserving person had been identified there then came the question of whether that deserving person was from the parish. If so, they were then considered eligible as a recipient of relief from the parish.
A means to act as confirmation of which parish an individual belonged to was created following the 1662 Act For the better Relief of the Poor of this Kingdom [Act of Settlement] (13 & 14 Car. II c. 12), whereby an individual was examined by two Justices of the Peace of the parish to assess whether they had legal settlement in that parish. Those found not to have legal settlement could either be removed to their parish of legal settlement, or the hosting parish could collect poor relief from the other parish and distribute it to the guest parishioner.
Legal settlement in a parish could be acquired at birth or gained through actions. Settlement was patriarchal, and so a girl or unmarried woman’s legal settlement would be that of her father, and a married woman’s that of her husband. A child born to a mother away from her home parish, for example, would still have had their place of legal settlement as being where their parents had their place of legal settlement, not the parish being visited. Legal settlement could otherwise be gained by completing an apprenticeship, working in the parish for one continuous year (as is commonly seen in the settlement examination documents as being counted from the hiring at Michaelmas (29 September) through to the Michaelmas following), or by renting a property, or properties, for £10 or more per year.
The settlement papers held at the Essex Record Office are then what remains of each parish’s collection of the legal and official settlement documents created following the aforesaid 1662 Settlement Act.
What types of documents are there?
Settlement certificates were issued to individuals and family groups as proof of that person’s place of legal settlement. That parish was then liable to give that person or group poor relief should they become in need of it. If a holder of a settlement certificate moved to work in another parish, the certificate would give the new parish the legal peace of mind that they would not become liable for that person poor relief. If a person was found seeking poor relief in a parish that was not their place of legal settlement, or if they did not possess a settlement certificate, they could be denied poor relief and returned to their place of legal settlement. Settlement certificates can include: the name(s) of who is being given settlement; their age(s); the place where they are coming from; and in the case of pregnant unmarried woman, a note on the child’s paternity.

Settlement examinations were testimonies, sworn on oath, given by an individual to ascertain their place of legal settlement, and therefore which parish was liable for providing them with poor relief. They were conducted by two Justices of the Peace. Settlement examinations can include: the name(s) of who is being examined; their age(s); their place of birth; their parents’ names and place of legal settlement; apprenticeship details (such as how long the apprenticeship was, whether they completed it, if they were indentured, who they were indentured to, and the name and parish of the apprentice master); their employment history (including when, who employed them, their wage, and length of service); the history of any property or land they may have owned, rented, or leased (including when, who from, and the cost); when they were married, where they were married, and who they married (often only the first name of the wife is given in a settlement examination for a man, but the full name of the husband is always given in a settlement examination of a woman); when their spouse died; and the names and ages of any children that would be living with the examined person. The settlement status of any older children that had left home may also be noted.

Removal orders were issued by a parish to remove a person or persons away from the parish to the place of their legal settlement. Removal orders can include: the name(s) of who is being removed; the age(s) of who is being removed (children in particular); and the parish to where they are being removed to. In cases where the person is unable to be removed due to sickness or injury, a removal suspension order can be attached. It is also noted when the person sufficiently recovered, or if the person died during the time of the removal suspension order being in place.

What can I use settlement papers for?
Settlement papers are historically important documents that are highly informative and provide windows into the lives of many people. The personal and familial information given in settlement papers is an invaluable source for both historians of family history and genealogists alike. Unlike, say, baptismal or marriage records, settlement papers not only give the empirical information, such as name and date, but provide information about a person’s working life, their wages, their expenditure on rent, or their movements between different parishes – information that is otherwise not recorded anywhere else.
Aside from the information about the people stated in the documents, the documents themselves can also be used by the historian or researcher in a myriad of different ways. As informative as the prima facie information on the documents is, they also reveal information about the mechanism of legal settlement and poor relief. The physical attributes and manufacture of the documents themselves can be of benefit to the historian of material culture, too. The very fabric from which the paper is made, the watermark, who printed and sold the document, or even in some cases clear evidence of the recycling of paper, be that pages cut from a tax ledger or using the reverse side of a lost dog poster, can provide information extrinsic of the document purpose but nevertheless valuable in its own right.
Although the details contained within the settlement papers is information given by the named person, it is important to bear in mind that that information was not written down by the person giving that information, but rather by the parish officials. Settlement papers, although accurate in what they record, do not give a true voice to the person named therein. As they are official, legal documents, they are to some degree formulaic and regular, and seldom allow for a more detailed account of a person’s existential existence. We cannot hear the individual’s voice in settlement papers; we only read the pertinent facts. The only occasion when we can see the physical presence of the named person is with their sign or signature. And although a small detail, the inscribed mark, whether that be an X or a well-formed signature, provides a tangible link to that person in that document at that time.

If you’ve enjoyed this post, you can also read about Aaron Archer’s experience of cataloguing parish Poor Law documents for Colchester in 2021. Over the next few months we will be sharing more detailed catalogues for a range of Essex parishes – get in touch if you would like to find out more!