Nature of Source
Introduction
Illegitimacy or bastardy, defined in law as the birth of a child to unmarried parents, was historically a significant social and legal matter. Such births triggered a flurry of legal and administrative activity, leaving behind a rich source of records for family historians. This guide explains the types of records involved in bastardy cases and how they were used.
Historical Context
From the Tudor period onward, a child born outside of marriage was considered illegitimate, or a ‘bastard’. Such children had no automatic legal right to their father’s surname, inheritance or financial support, unless steps were taken by the local and legal authorities to secure it. Illegitimacy carried a significant social stigma, especially for the mother. These cases were of concern to parish leaders who feared the woman becoming chargeable to the parish and a financial burden. In response, a structured legal framework emerged to investigate and enforce paternal responsibility.
Key Bastardy Documents
If the putative father failed to admit responsibility for the child, the authorities acted swiftly and immediately instigated a series of investigations.
The Examination
The purpose of the examination or formal interview with the mother was to establish the identity of the child’s father and was carried out by either the Churchwarden and the Overseer of the Poor or the Quarter Sessions court. The legal basis of the investigation was established under the Bastardy Act of 1576. Most examinations occurred before the child’s birth under oath.
Warrant or Summons
The intention of a warrant was to compel the alleged father to appear in court if the father attempted to avoid responsibility or absconded. The warrant constituted a legal order for the man to be brought before a Justice of the Peace.
Bastardy Bond
Following the Examination, heavy pressure was exerted on the father to financially maintain the child and enter into a Bastardy Bond. The purpose of the Bond was to garner a guarantee from the father to financially support the child and agree to pay for the child’s maintenance. The agreement was between the father and the churchwarden and the overseers of the poor. The duration of the terms of maintenance lasted until the child was old enough to be apprenticed out. Refusal by the father to sign could have led to court orders or imprisonment.
Bastardy (Filiation) Order
If the supposed father resisted signing the bastardy bond, the parish officials could apply to the Justices at Petty Sessions or Quarter Sessions for a filiation order. This legal directive forced the father to pay for the upkeep of the child and failure to make the required payments could result in imprisonment. After the introduction of the New Poor Law post 1834, women had to apply directly for the bond from the Petty Sessions as the parish involvement in such matters declined.
Maintenance Order
The Order specified payment amounts and intervals for child support. Records of payments from the father are sometimes recorded in the Overseer of the Poor accounts or Churchwarden’s accounts. Local newspapers often reported on maintenance orders heard before the petty sessions or quarter sessions and on fathers who failed to pay or absconded.
Agreements and discussions of individual cases can be found in the records of the churchwarden, parish constable, overseers of the poor and among the vestry papers. In many cases the father married the mother soon after the birth of the child or made private arrangements for the child’s upkeep, in which case no record will be found of his name amongst the bastardy documents.
Research Tips
- The father often married the mother under pressure shortly after the birth, usually by license and sometimes paid for by the Overseers. Marriage licence records provide a marriage date and other useful information.
- A bastard child belonged to the parish where it was born, so an expectant unmarried mother moving away from her legal place of settlement could be forcibly removed to her home parish before the birth of the child.
- If a child bears a surname as a middle name, this may indicate the father’s identity.
- Illegitimate children had to be acknowledged as such in the father’s will, often described as ‘reputed son/daughter’.
- Be aware that occasionally the wrong man was named as the father, either accidentally or deliberately
Legal Changes
Before 1834 parish authorities actively pursued bastardy cases. After the New Poor Law of 1834, responsibility shifted to the mother to pursue legal action on her own account. The Family Law Reform Act of 1969 granted illegitimate children equal rights of inheritance, ending centuries of legal discrimination.
The following GenGuide sources could assist in researching bastardy documents:
Where Found
Local archives hold several types of bastardy related documents including:
- Bastardy Bonds
- Bastardy Examinations
- Bastardy Warrants
- Bastardy Orders
- Quarter sessions and Petty Session records for bastardy orders and warrants and maintenance orders
Period Covered
1576 – 1834
Genealogical Value
- Mother’s full name (sometimes former name included) along with her age and sometimes her place of residence or parish of settlement.
- Name and aliases of illegitimate child and date of birth or baptism.
- Name of the putative father (sometimes only alleged)
- Occupation and residence of putative father
- Date of the bastardy examination, warrants issued, bonds or maintenance orders.
- Names of guarantors or other parties involved such as relatives and employers
- Judgement or outcome of the case
- Parish or court where the record was created.
Further References
- Aschrott, Paul Felix. The English Poor Law System, Past and Present: Knight 1902 (Available to read online or download at the Internet Archive)
- Bagley, John J & Bagley, Alexander John. The English Poor Law: Macmillan, 1968
- Beier, Lucinda. The Problem of the Poor in Tudor and Early Stuart England: Routledge, 1983
- Boyer, George R. An Economic History of the English Poor Law, 1750-1850: Cambridge University Press, 1990
- Brundage, Anthony. The English Poor Laws 1700-1930: Palgrave, 2002
- Burlison, Robert. Tracing Your Pauper Ancestors: Pen and Sword Books, 2009
- Cohen, Deborah, Family Secrets: Living with Shame from the Victorians to the Present Day: Viking, 2013
- Cole, Anne. Poor Law Documents Before 1834: Federation of Family History Societies, 2000
- Englander, David. Poverty and Poor Law Reform in 19th Century Britain, 1834-1914: From Chadwick to Booth: Longman, 1998
- Fowler, Simon. Poor Law Records for Family Historians: Family History Partnership, 2011
- Hawkings, David. Pauper Ancestors: A Guide to the Records Created by the Poor Laws in England and Wales: The History Press, 2011
- Hindle, Steve. On the Parish? The Micro-Politics of Poor Relief in Rural England 1550-1750: Oxford University Press, 2009
- Hitchcock, Tim & Black, John. Chelsea Settlement and Bastardy Examinations, 1733-1766: London Record Society, 1999
- Leonard, E M. The Early History of English Poor Relief: F. Cass, 1965(Available to read online or download at the Internet Archive)
- McLaughlin, Eve. Annals of the Poor: Federation of Family History Societies, 1990
- McLaughlin, Eve. The Poor are Always With Us: Varneys Press, 1994
- Paley, Ruth. My Ancestor Was a Bastard: A Family Historian’s Guide to Sources for Illegitimacy in England and Wales: Society of Genealogists, 2004
- Paley, Ruth & Fowler, Simon. Family Skeletons: Exploring the Lives of our Disreputable Ancestors: The National Archives, 2005 (see chapter on ‘Bastards’)
- Raymond, Stuart. My Ancestor was an Apprentice: Society of Genealogists, 2010
Raymond. Stuart A. Tracing Your Poor Ancestors: A Guide for Family Historians: Pen and Sword Books, 2020 - Robinson , Jane. In the Family Way: Illegitimacy Between the Great War and the Swinging Sixties: Viking, 2015
- Rose, Michael E. The English Poor Law, 1780-1930: David and Charles, 1971
- Sim, Alison. Masters and Servants in Tudor England: The History Press, 2006
- Slack, Paul. The English Poor Law, 1531-1782: Cambridge University Press, 1995
- Tate, William Edward. The Parish Chest: Phillimore, 1983 (Preview available from Google Books)
- Teichman, Jenny. Illegitimacy: An Examination of Bastardy: Cornell University Press, 1982
- Teichman, Jenny. The Meaning of Illegitimacy: J.Teichman, 1978
- Thompson, Kathryn. Apprenticeship and Bastardy Records: Historical Association, 1997
- Tomkins, Alannah & King, Steven. The Poor in England 1700-1850: An Economy of Makeshifts: Manchester University Press, 2003
- Welbank Fowle, Thomas. The Poor Law: Macmillan, 1893 (Available to read online or download at the Internet Archive)
- Zunshine, Lisa. Bastards and Foundlings: Illegitimacy in Eighteenth-Century England: Ohio University Press, 2005 (Preview available from Google Books)
Websites
Norfolk Record Office
Family History: Bastardy Papers.
London Lives
Bastardy Bonds: Securities for the Maintenance of Bastard Children.
Untangled
Illegitimacy secrets of the 19th century.
Dorset History Centre blog
Bastardy records: what are they and what do they tell us?
Cindi’s List
Bastardy & Illegitimacy: General Resources
Durham County Record Office
Bastardy Bonds/Maintenance Orders. Information about bastardy bonds and maintenance orders in Durham County Record Office.
The Genealogist Feature Article
Tracing Illegitimate Ancestors Online.
Family History Daily
Illogical Dates, Missing Parents, Bastardy Bonds: What to Do If Your Ancestors Were Born Out of Wedlock, By Patricia Hartley.
Who Do You Think You Are Magazine?
How to find the father of an illegitimate child. Do you have an illegitimate child in your family tree? Find out how you can use family history techniques to find their father.
Family Tree Resources
How to Find the Father of an Illegitimate Child
Westminster Archives
Researching family history at the Archives Centre: Parish and Workhouse records.
Cambridge University
Supporting London’s bastard children. Cambridge historian uncovers new evidence of 18th and 19th century London’s ‘Child Support Agency’, by Stuart Roberts.
Genealogy Stories
How To Discover The Secrets of Your Illegitimate Ancestors.
Essex Record Office
Tales from the Parish Chest: bastardy in early modern north-Essex. Aaron Archer explores the huge wealth of information held within parish Poor Law documents.
Kindred Past
In the Parish Chest: Bastardy Bonds.
Online Databases
Record sets include:
- London Poor Law Abstracts, 1581-1899. Search abstracts from the City of London Parochial Poor Law Records including Bastardy/Affiliation Orders, Bastardy Bonds and Examinations as well as Quarter Sessions and Quarter Sessions Appeals. These records were compiled by genealogist Cliff Webb.
- London Lives, Culture & Society 1680-1817. Search a variety of sources including criminal registers, session papers, ordinary’s accounts from Old Bailey, apprentice records, coroner inquests, workhouse minutes, Register of admissions to workhouse, clerks’ papers, Churchwarden’s account books, Vestry minute books/vestry minutes, Register of removal orders, Pauper examination books/examination books, bastardy bonds and much more.
- Westminster, Poor Law and Parish Administration. The database contains over 1.7 million records from the poor law and parish administration records. The records cover Parish apprentices, Bastardy bonds, Settlement examinations, Paupers outdoor relief, Land tax and valuations and Workhouse admission records.
- Warwickshire Bastardy Indexes 1844-1914. Search an assortment of over 5, 000 bastardy applications, bastardy registers, bastardy return and appeals.
- Devon, Plymouth & West Devon Parish Chest Records, 1556-1950. Records from the parish chests of Plymouth and West Devon including: Examinations, Jury Lists, Settlement Papers, Bastardy Papers and Overseers and Churchwardens’ Accounts.
- Norfolk Parish Chest Records, 1300-1990 Browse. Explore a variety of parish chest records from Norfolk including Bastardy bonds and Bastardy examinations and orders.
- Norfolk Borough Records, 1317-1981 Browse. Browse through a variety of Norfolk borough records including Books of bastards.
- Middlesex Poor Law Records, 1699-1846. Search Poor Law records for 10 parishes in the west of the ancient county of Middlesex. The records include settlement examinations and removals as well as bastardy orders and bastardy bonds.
- Lincolnshire Parish Bastardy Cases. The case papers include Warrant, Maintenance Orders and Bonds.
Ancestry
Record sets include:
- Dorset, Bastardy Records, 1821-1853. This database contains records summarizing applications for maintenance and orders issued in cases of bastardy in Dorset, parishes.
- Warwickshire, Bastardy Orders, 1816-1839. This database contains orders issued in bastardy cases by Quarter Session courts in Warwickshire.
- Warwickshire Parish Poor Law, 1546-1904. This is a collection of parish Poor Law records including bastardy bonds.
- West Yorkshire, England, Bastardy Records, 1690-1914.
London Lives
The site is dedicated to the social history of London in the 18th century, offering access to a vast collection of original historical records giving access to 3.35 million names. Datasets include: St Clement Danes Registers of Bastard Children, St Dionis Backchurch Bastardy Bonds and St Martin’s Settlement Exams.
The Genealogist
Norfolk bastardy bonds and maintenance orders.
GENUKI
Lincolnshire Poor Law Bastardy Cases. Search extracted records from the From the Lincoln, Rutland & Stamford Mercury newspaper.
Yesterdays Journey
Search transcriptions of bastardy papers dealing primarily with Derbyshire parishes.
Pickard’s Pink Pages for Warwickshire
Warwickshire bastard’s index. List of session orders against Warwickshire men, for producing children out of wedlock.
Sussex Record Society
Database of Poor Law Records for West Sussex. The records primarily consist of Settlement and Removal 1662-1835 as well as records of bastard children and of the apprenticing and boarding out of pauper children.
Gloucestershire Archives
Genealogical Search. Search indexed catalogue entries of Records of the Overseers of the Poor including settlement papers, pauper apprenticeships and bastardy documents. Searches can also be made on the Indexes page.
Bath Ancestors
Register of Bastardy Orders, 1844-1885. Search lists of mothers of illegitimate children who applied for poor relief as well as the names of the supposed fathers. Expect to find the name and address of the mother, name, address and occupation of the father and the amount.
The Keep
East Sussex Record Office: Bastardy Bonds and Examinations. Search the catalogue for listings of nearly 900 illegitimate children born to women in East Sussex between 1793 and 1834.
CD Roms
Devon Family History Society
Rich man, poor man beggar-man, thief; A collection of over 63,000 entries from records held at Devon Record Office.
Berkshire Family History Society
Berkshire Overseers’ Papers: Abbreviated transcripts of all the documents relating to the administration of the Poor Laws of Berkshire from 1601 to 1834 developed as part of the Berkshire Overseers Project. The CD contains comprehensive indexes for personal names, place names and occupations.
Parish Chest
East Sussex Bastardy Papers 1545-1845, compiled by Michael Burchall.
Lincolnshire Family History Society
Lincolnshire Bastardy Documents 1632-1901. This CD contains abstracts of the parish documents relating to Bastardy and some transcriptions.
Lincolnshire Family History Society
Lincolnshire Poor Law Index. Full transcriptions of settlement examinations, abstracts of other poor law material including vagrancy passes, bastardy, apprenticeship.
Cambridgeshire and Huntingdonshire FHS
Poor Law Papers and Masters and their Apprenticeships Apprentices Papers. Indices of Cambridgeshire Poor Law Papers, Master and Apprentices, Settlement and Bastardy Papers.
East Surrey Family History Society
Battersea Poor Law Records: Index to Orders of Justices 1700-1772 (Settlement) and Index to Apprenticeship Records 1602-1902.
