Bastardy Records

Bastardy Records fall into four main categories:

1. Bastardy Examinations.
2. Bastardy Bonds.
3. Bastardy Warrants.
4. Bastardy Orders.

From 1601 onwards, if an unwed mother gave birth to an illegitimate child, then it would fall to the parish to support the mother and child financially; in order to avoid this, parishes would do their best to ascertain who the father was, and force him to take responsibility.

Although a derogatory term nowadays, the origins of the word 'bastard' are Middle English (being derived from both Old French and Medieval Latin) - it means 'packsaddle son' (i.e. The son of a mule driver, who would use a packsaddle for a pillow, and be gone by the morning!).

In Bastardy Examinations, the mother of the child - as well as the alleged father - is named. The mother may have gone voluntarily to the local Justice of the Peace, or she may have been summoned under oath, to give the name of the child's father.

Bastardy Bonds were made after the examination, when the parish would pursue the father, and force him to either marry the mother, or pay maintenance towards the child. A guarantor would usually be required to sign these documents too, so that if the father defaulted payment, they would be liable to pay.

If the father refused to marry the mother or pay for the child, a Bastardy Warrant was issued, giving local constables the right to apprehend him. They would also be issued if the father suddenly ceased payments.

If the man in question still denied being the father, but there was sufficient evidence to prove that he most likely was, then a Bastardy Order would be issued; this meant that they would have to pay weekly to the Overseers of the Poor, who in turn would provide for the child.

Men who still resisted had the opportunity to defend themselves in the Quarter Sessions court, but it was incredibly rare that they were able to get away scot-free, unless they could prove that they were away at sea (for example) at the time of conception.

Unfortunately, many of these documents do not name the child - they simply refer to them as 'bastard child of [mother's name]', or 'bastard child'.

Some mothers didn't take the alleged fathers to court, so often the only record proving that a child was born illegitimate was in parish records. Baptisms of children born out of wedlock usually give clues, such as 'base-born', 'bastard', or 'illegitimate'. Others are a little more subtle, referring to the mother as a 'spinster' (unmarried woman).

Details regarding Bastardy Trials were often published in newspapers, or can sometimes be found in local archives.

In some cases, the father would marry the mother before or shortly after the birth, or they'd arrange maintenance out of court.

Create Your Own Website With Webador