COURT RECORDS

Scope and Content

The act books (ARCH/1/A/1-2) contain acts of court relating to cases held mainly in the Oxford Archdeaconry church court and include cases instituted at the mere office of the judge, instance and office cases promoted by a third party, and minutes of court business.

Act books record the judicial business of the court and the hearing of cases under Canon Law. They dealt with the moral standards and conduct of the clergy, church officials and parishioners, church attendance, payment of parish dues, and the state of church buildings and churchyards.

The mere office heard business in open court relating to corrections arising from accusations, denunciations (accusations made publicly), informations, inquisitions and presentments (reports made by churchwardens on the moral character of the parish naming individuals arising from the process of visitations). The punishment for those who were found to be guilty was a penance which took the form of a confession which was read out in the local church.

Office causes were cases brought by the Office of the Judge against the defendant. The Instance causes were brought by one private individual against another. The proceedings were recorded by the Judge's Registrar in the act book, often some time after the case was heard, and included the parish, the names of the parties and often the charge against the defendant and further proceedings. Extracts from the evidence are rarely included.

Many of the courts were not held by officials such as the vicar-general, in person, but by substitutes appointed to act on their behalf and some volumes include records of appointments of these substitutes. At some sessions, where the court headings are abbreviated in the volumes, it is difficult to discover in what capacity a judge, who held more than one office, is acting at that time.

The books also contain some minutes of grants of probate (the proving of wills) and proceedings relating to grants of faculties (licences granted by the bishop's official for the alteration to church fabric, church buildings and churchyards), note of induction of clergy, fees of court officials and accounts, and a printed form for settlement of disputes concerning seats in Kidlington Church.

Custodial History

The majority of the records of the Bishop of Oxford's court were transferred to the Bodleian Library from the Oxford Diocesan Registry in 1915 and 1955, and those of the Archdeacon's court from the Oxford Archidiaconal Registry in 1878. The records of the courts of the various peculiar jurisdictions have been brought together from three offices, the Oxford Diocesan Registry and the Oxford and Buckingham Archidiaconal Registries. The Bishop's vicar-general and the Archdeacon's official were often the same person and often employed the same registrar, and these persons were also frequently employed as the officials and registrars of several peculiars

Bibliography

Publication NoteBrinkworth, E R C: `The study and use of archdeacons' court records, illustrated from the Oxford records, 1566-1759' Transactions of the Royal Historical Society, 4th series, 25, 1943, pp 93-119