RCE RE: William Brodie's Illegitimate Birth

[clairemcgillivray]

Hello again! It feels like all I do nowdays is ask for help reading documents, but some of these registrars have atrocious handwriting! What I have here is a birth certificate for William Brodie, illegitimate child of Elspet Duguid and John Brodie (apparently); attached to that is a lengthy RCE that looks like it could be pretty interesting, if I could read it!

Can anyone help with the below please?

[AndrewP]

Hi Claire,

Here is my take (which comes with no guarantees) on the RCE.

• Page 2
  Register of Corrected Entries
  for the Parish of New Deer
  in the County of Aberdeen
  
  In the fourth column of Entry No.1 in the Register
  Book of Births for the Year 1861, before the names of the Child's
  Mother insert John Brodie, Servant on the authority of a
  Certificate in the form of Schedule (F) to the following effect:
  
  ___ ____ ___ the Sheriff Court of Aberdeenshire
  at Peterhead upon the 18th day of June 1861 pronounced
  ____ in an action before the said court at the instance
  of Poor Elspeth Duguid residing in New Deer, _____
  of _____ John Brodie, Servant to George Wilson, Carrier,
  At ____ ______ relating to the Paternity of a Male
  Child named William Duguid, born on the 17th
  Day of December 1860, finding that the said child is
  the illegitimate child of the said Poor Elspeth Duguid and John Brodie.
  
  ____ ____ ____ this 18th Day of June 1861
  (signed) R Mckenzie, Sheriff Clerk Depute
  21st Day of June 1861.
  
  J H Greig, Registrar
  
  May, 1, 1862, AJ_

Some of the wording is taken by comparing to other RCEs which have been similarly deciphered elsewhere on the forum.
See viewtopic.php?f=7&t=11662

I have seen on another certificate the description Poor.
See viewtopic.php?f=7&t=10068

The last signature is the Examiner from the General Register Office for Scotland. He would check the RCEs (normally annually) before they were accepted into New Register House, hence the later date.

All the best,

AndrewP

[clairemcgillivray]

Hi Andrew,

You've been wonderful as always! So I take it this means that there was something resembling a paternity suit in the courts? I believe these are in the process of being transcribed and indexed on scottishindexes.com, so I just need to hang on until they're finished with the Aberdeen records and hope this one has survived!

Thanks again,
Claire

[AndrewP]

So I take it this means that there was something resembling a paternity suit in the courts?

Yes, the mother went to court to declare the father of the child. The court decreed that this fellow was the father (whether or not by his admission?). The most likely reason for the court action was money. The term "Poor" may mean that she was on Poor Relief from the Parish to look after the child, but the court's decision would take (some or all of?) the financial burden from the Parish, and place it upon the father.

The court papers may well shed some more light on these suppositions.

All the best,

AndrewP

[carolineasb]

Hi there,

I have heard that there is some project to index the Decrees of Declarators of Parentage and also to offer copies of the Decrees for a fee, however, I'm not sure what else you are likely to get from that unless there were extra things like some form of aliment included in the Decree. Any personal information that may be included in the Court Process, if it still exists, are not likely to have been transcribed. When a Decree of Declarator of Parentage is granted, the Sheriff Clerk (or Sheriff Clerk Depute as the case may be) intimates the granting of the Declarator to GRO and this is what is included in your RCE above.

Carolineasb

PS I should have said that I think it is unlikely that the Court Process is available, however, I have not checked NRS website.

[nelmit]

The record is available at the National Archives

Country code GB
Repository code 234
Repository National Records of Scotland
Reference SC4/22/1861/55
Title Elspet Duguid v John Brodie
Dates 1861
Access status Open
Location Off site
Description Action for inlying expenses connected with the birth of and aliment for an illegitimate child.

Regards,
Annette

[Falkyrn]

The term "Poor" in this context of a legal document meant that her case was being dealt with under the equivalent of "Legal Aid".
Although it may have been paid by the Parish (or County) it may have also been dealt with directly by the Solicitor involved and any records of the Application may be with the Law Society or firm of Solicitors (if they have survived).

[clairemcgillivray]

Hi everyone! Sorry, I meant to come back and say - this case is indeed in the National Archives as nelmit said, apparently one of the few from the period that wasn't 'weeded'!

I've added it to my laundry list of documents to request from the archives - due to the distance, I've got to have a few on the list before I go!