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| Schangnau Chorgerichtmanual, years 1731-1787, cover page |
New discoveries often come with new sources. Earlier this year I found that digitized copies of many Swiss Bernese "chorgericht" records from past centuries could be ordered online and downloaded as a set of PDF files. The chorgericht was a kind of morals court as described in this University of Zürich online archival course (my translation with assistance from DeepL.com):
The Bernese "chorgerichte" were introduced by mandate in the course of the Reformation on June 21, 1528, and existed until their abolition in 1831. Each parish had its own chorgericht, which was, however, subordinate to the Bernese chorgericht which acted as an appellate authority for the other courts and was sometimes referred to as the "oberchorgericht". Thus, not only cases from the city of Bern were heard by the Bernese oberchorgericht, but also those from the surrounding communities. The name "chorgericht" can be traced back to the word "choren", which means "to fight out marital quarrels". In addition to the Bernese term "chorgericht", the terms "ehegericht" (marriage court) (Zurich, Schaffhausen, St. Gallen, Appenzell AR) or "banngericht" (bann court) (Basel) existed in other cantons.
The task of the chorgericht was to regulate alms and holidays, to settle marital conflicts and to punish violations of moral and ecclesiastical ordinances, i.e. to supervise sexual and social discipline. Specifically, the chorgericht tried offenses such as blasphemy, irregular church attendance, disobedience to parents, adultery or drunkenness. Punishments included warnings, exclusion from communion, fines, imprisonment, banishment or the death penalty. Punishment was reduced in the 18th century in response to popular opposition.
I remembered that while researching one of my G5 grandfathers, Christen Pfister, I found a record naming him the father of a child Samuel, born out of wedlock. All that I have learned about this Pfister line in my ancestry has come from the 18th century church book records from the Swiss towns where they had lived or had citizenship rights, and I was excited about another possible source, and figured this birth might have made it into a chorgericht record.
Samuel's baptism was in Schangnau, a scattered settlement with several hamlets and a church, and about 645 people at that time, located in the rolling hills of the Emme valley. Christen was living in the next town north, Eggiwil, where his wife was from, also a scattered settlement with several hamlets, farms, and a center with a church, and about 1700 people.
The 1763 baptismal record from the Schangnau church records names Christen Pfister from Trachselwald as the father, but notes that Samuel is "uneheliche" or illegitimate. The mother is Barbara Blaeser, and her brother Peter and sister Anna are two of the sponsors, perhaps in a show of family support:
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| 24 Feb 1763 baptism record for Samuel Pfister |
In August of that same year, almost exactly 6 months later, in the neighboring town of Eggiwil, a Peter Pfister was baptized, and his father was also Christen Pfister from Trachselwald, but his mother was Christen's wife Christina Neuenschwander, and his birth was deemed legitimate. Sponsors were two of Christina's brothers and a sister-in-law:
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| 21 Aug 1763 baptism record for Peter Pfister |
The chorgericht records from Schangnau (where Samuel was baptized) covering the years 1682-1858 were available, and so I ordered them and eagerly downloaded the PDF files. This was my first time looking into this type of record directly, but I found these were indexed and easily searched. In the index of the PDF covering 1731-1788 I did not find any Christen Pfister, but found Barbara Blaeser indexed on both pages 85 and 101:
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| Schangnau Chorgericht records, index B |
Page 85 had two entries, both about Barbara Blaeser, from Schangnau, and Christen Pfister from Trachselwald:
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| Schangnau chorgericht records, page 85, 1762-63 |
The first entry begins:
1762. Den 26ten Xbris ist vor unserem Chorgricht erschiennen Barbara Blaeser von hier, welche den Christen Pfister von Trachselwald, dermahlen aber in der Gemeind Eggiwÿl wohnhafft, einen Ehemann beÿ den Sie in dienst gestanden, daß beÿfehlaffs und der Schwängerung angeklagt.
Roughly translated:
On the 26th of December, Barbara Blaeser from here appeared before our court. She had been in service to Christen Pfister, a married man from Trachselwald, but now residing in the municipality of Eggiwÿl, and she accused him of having intercourse with and impregnating her.
So, the new bit of information here is that Barbara was working for Christen when she became pregnant, and since he was a married man living in Eggiwil, he must certainly be the same Christen Pfister as the one who was married to Christina Neuenschwander. We know the baby was baptized on 24 February, and was probably born shortly before that, so Barbara was about 7 months pregnant on this day after Christmas, and Christen's wife was just a month or so along in her pregnancy.
The entry continues:
Hierauf hat der Pfister seinen fehler gutwillig bekennet, und Sich erkläret, daß er das Kind ohne Weiters nach der Genißt annehmen, und für das Seine halten wolle. Derbÿ aber gebälten, wird er keine zeitliche Mittel habe, daß Ihrer mit Kösten verschonet werde, und wird sein Wieb auf keine Ehepfridung dringe, daß er auf der Erscheinung der Ober Chorgricht möchte enthoben seÿn.
Basically, Pfister had willingly confessed his guilt, and said he would take responsibility for his sin and the child after the birth (Genißt), but asked to be spared a fine as he had little means, and that his wife would not press for a divorce, and so he wanted to be spared an appearance before the oberchorgericht.
Actually the term "Genißt" was not just about the birth, but an interrogation of the mother giving birth: it was thought that she was more likely to be truthful when in labor. Before assigning paternity, and thus citizen rights (and the responsibility of the town for that child who would inherit citizenship), they wanted to be sure they had it right. Kind of gruesome.
The second, more terse entry on the page is dated 17 March 1763, several weeks after Samuel has been baptized, and notes that the baby has been pronounced Christen Pfister's illegitimate child by the oberchorgericht or superior court in Bern. There are only a half-dozen or so cases recorded each year, so this would have been a big thing in that small town.
Barbara shows up again on page 101, in an entry dated 12 May 1766. There we learn that she is being released from a promise of marriage, and another child is pronounced illegitimate, this one belonging to a Bendicht Eÿmann from Kurzenberg (now Linden).
Eventually there is evidence that Barbara did marry and lived into her 70s, but I haven't found other children. Samuel grew up and married, and all of his children were registered to Trachselwald like his father, and so all inherited citizenship there. Barbara appears as a sponsor to some of his children.
Ironically perhaps, both Christen's and Christina's mothers were also named Barbara, and they had had two daughters named Barbara, the first dying at 11 months, the second only surviving to age 10. Their two boys, Johannes, also my G4 grandfather, and Peter, both survived to adulthood, married, and had families.
Samuel and his half-brothers Peter and Johannes grew in the same household, and may have been close: Samuel named one of his children Peter (though that might have been for an uncle), and Johannes named a son Samuel. Christina did not have any more children though she had been only 34 when Peter was born; she and Christen had married when she was 23 and he was 21. I haven't found a death record for her, but Christen died at age 52, twenty years after Samuel and Peter were born, in Schangnau; the death record does not note whether he was a widower at that time. Although he was a citizen of Trachselwald, Christen had been baptized and died in Schangnau, had children in Schangnau and Eggiwil, and there is no evidence that he had ever lived in Trachselwald.
So what did I newly discover? The usefulness and a process for procuring and using court records; some idea on how they are laid out; a bit about the court process; the existence of birth interrogation; that Barbara went on and had another encounter and baby; and that Christen willingly admitted and took responsibility for fathering a child with someone who was working for him at the time.
But there there are many things I'd still like to know. None of the church or chorgericht records notes Christen's occupation, or exact location where he lived in the town (e.g., a farm). We don't know when Christen moved back to Schangnau where he died. And we'll never know the details of Christen's relationship to Christina and how that changed after he betrayed her.
Sources
“Schangnau.” n.d. hls-dhs-dss.ch. Accessed August 31, 2023. https://hls-dhs-dss.ch/articles/000516/2011-07-08/.
“Eggiwil.” n.d. hls-dhs-dss.ch. Accessed August 31, 2023. https://hls-dhs-dss.ch/articles/000511/2005-11-08/.
“Chorgericht-manual der Gemeind im Tchangnau, 1731 bis 1787.” n.d. Bern Genealogical-Heraldic Society. https://www.ghgb.ch/home.html.
Lucienne Hubler: "Moral courts", in: Historical Encyclopedia of Switzerland (HLS) , version of 01/14/2010, translated from French. Online: https://hls-dhs-dss.ch/de/articles/009622/2010-01-14/, consulted on 08/31/2023.
“Ad Fontes: Training / German Transcription Exercises / Bern Choral Court Manuals / Bern Choral Court Manuals - Solution Part 2.” n.d. Accessed August 30, 2023. https://www.adfontes.uzh.ch/370544/training/deutsche-transkriptionsuebungen/chorgerichtsmanuale-einleitung/chorgerichtsmanuale-loesung-teil-2.
“DeepL Translate.” n.d. Accessed August 30, 2023. https://www.DeepL.com/translator.







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