Blimey, think ancestor was charged with incest !

[durhamburnetts]

Hello, I'm researching the Burnett family in the Bishopwearmouth area, and have managed to get back to 1718 and the birth of Robert Burnett. I have found reference to a "Correction For Incest" in the Uni records relating to an Andrew Burnett in 1738. My Robert's first born son was named Andrew, as was, I suspect his father, so it's a family name. I've also found a record of a burial, simply listed as "Burnet, wife of Andrew, insolvent" in 1742.
Could anyone advise me as to how I gain access to the Durham Uni records, and also if insolvent would be the same as bankrupt, and if so point me in the direction of any relevant records.

Many thanks in advance, Emma.

[stanmapstone]

What is the reference? At that time "incest" could mean a marriage within the prohibited degrees of affinity or consanguinity, and not what we call incest today. As this was an Ecclesiastical Court. and not a criminal court, then I think this is what it is.

Stan

[stanmapstone]

Reference: DDR/EJ/PRC/2/1738/1
Dates of creation: 1738
Extent: 1 folder mere office case
defendant: Andrew Burnett of Durham St Oswald, County Durham
correction for incest.
http://www.rootschat.com/links/0bs1/
Stan

[stanmapstone]

From the Oxford English Dictionary;
The crime of sexual intercourse or cohabitation between persons related within the degrees within which marriage is prohibited

The 99th Canon 0f 1603, declared that;
"No persons shall marry within the degrees prohibited by the laws of God, and expressed in a table set forth by authority in the year 1563; and all marriages so made and contracted shall be adjudged incestuous and unlawful, and consequently shall be dissolved as void from the beginning, and the parties so married shall by course of law be separated"

For the table see http://www.rootschat.com/forum/index.php/topic,398196.msg2683321.html#msg2683321
Stan

[stanmapstone]

There is a research guide "Bankrupts and insolvent debtors 1710-1869" at
http://www.nationalarchives.gov.uk/records/research-guides/bankrupts-insolvent-1710-1869.htm

Stan

[Redroger]

Given the number of cases where marriages in violation of the permitted relationships took place, often in circumstances where the local clergyman must have known, the surprise to me is that a case was ever brought.

[stanmapstone]

Without seeing the court documents it is difficult to know what the circumstances were in this particular case. How would anyone know how many marriages in the prohibited degrees took place, and with the knowledge of the clergyman? This was in 1738, before the industrial revolution, and the growth of the large towns.
Stan

[Redroger]

The cases in my mother's family were all in a particular small village in Cambridgeshire Stan; however, as they were non conformist though marrying in Cof E to comply with the law would the clergyman be interested?

[durhamburnetts]

Hello, thanks all very much for your replies. I noticed when scrolling through the records that there were other such cases in the Durham records, but in addition to "correction for incest", it also said " marriage annulled". There was no mention of a marriage in the Andrew Burnett case. The family were Scottish Presbyterians, so non-conformists, and I'm wondering if he had married a relative, but not in an Anglican church, and therefore wasn't married in the eyes of the law. I'll look in to the bankruptcy records, may thanks for that link.
Does anyone know if it's possible to order a transcript from the uni, and if so how I go about it, sorry I'm totally new to this.

Thanks once again, Emma.