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Query on bastardy bond

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  • Query on bastardy bond

    I have found a mention of a bastardy bond binding Stephen Fox of Arlington in 1742

    It says that he was bound in £40 to Thomas Clark of Hailsham, innholder and Richard Elphick of Hailsham yeoman churchwardens, John Tutt gent and William Rouse wheelwright overseers, to acquit the parish of any charges, as the father of Elizabeth the illegitimate child of Mary Ren of Hailsham.

    Am I right in thinking that he is the father of Elizabeth, and had to pay £40 to the parish for her upkeep?

    Linda
    Linda


    My avatar is my Grandmother Carolina Meulenhoff 1896 - 1955

  • #2
    Linda

    Half right, lol!

    He is the father of Elizabeth Ren. However, he did not pay £40 towards the child's upkeep, the BOND was that the Bond Guarantors (Thomas Clark and Richard Elphick) would pay £40 to the parish IF Stephen Fox did not support Elizabeth and she became a charge on the parish.

    OC

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    • #3
      Aah - thanks for clearing that up OC. As the mother had another child out of wedlock 2 years later, but married the father a month after that, would the new husband have taken over responsibility for Elizabeth too?

      Linda
      Linda


      My avatar is my Grandmother Carolina Meulenhoff 1896 - 1955

      Comment


      • #4
        I think the new husband would be expected to support the child but of course he could press the natural father for maintenance.

        To be honest, I'm not sure of the legal position!

        OC

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        • #5
          Thanks for your help - to be quite honest I was thinking that the husband was also the father of Elizabeth till I saw that. She is just a side shoot on the tree, half sister now, will see what I can find out about her later.

          Thanks again

          Linda
          Linda


          My avatar is my Grandmother Carolina Meulenhoff 1896 - 1955

          Comment


          • #6
            Originally posted by Olde Crone Holden View Post
            Linda

            Half right, lol!

            He is the father of Elizabeth Ren. However, he did not pay £40 towards the child's upkeep, the BOND was that the Bond Guarantors (Thomas Clark and Richard Elphick) would pay £40 to the parish IF Stephen Fox did not support Elizabeth and she became a charge on the parish.

            OC
            Sorry OC but your explanation is wrong.
            Thomas Clark & Richard Elphick of Hailsham are churchwardens, John Tutt & William Rouse are overseers of the poor. All four are officials of the Parish and could accept payment from the reputed father Stephen Fox if the need arose.

            A transcript of clearer bastardy bond my be found on my website at


            It was common for two churchwardens and two overseers to be named in such bonds.
            Cheers
            Guy
            Guy passed away October 2022

            Comment


            • #7
              Sorry Guy but I don't see the difference between your explanation and mine!

              OC

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              • #8
                The difference is who pays the bond if Stephen Fox fails to support Elizabeth Ren.

                You wrote "However, he did not pay £40 towards the child's upkeep, the BOND was that the Bond Guarantors (Thomas Clark and Richard Elphick) would pay £40 to the parish IF Stephen Fox did not support Elizabeth and she became a charge on the parish."

                Thomas Clark and Richard Elphick were not guarantors they were churchwardens (parish officials) and as such could accept the payment of the bond from Stephen Fox.

                The only bonded person was Stephen Fox
                Cheers
                Guy
                Guy passed away October 2022

                Comment


                • #9
                  But the Bond guarantors were TC and REm who were incidentally church wardens and therefore well placed to make sure he DID pay for the upkeep of the child.

                  My understanding of Bastardy bonds is that they were relatively rare and were applied to either the wealthy OR to someone who looked likely to abscond his responsibilities, and the Bond, with its guarantors, was a way of ensuring that several people had a vested interest in the man doing his duty.

                  I have a Bastardy Bond in my own ancestry, where the grandfather bonded himself to see to the upkeep of his illegitimate grandchild. As an established farmer in the area he would be unlikely to abscond I suppose. (He did not bond himself for the second and subsequent offspring of his sloppy daughter, lol)

                  OC

                  Comment


                  • #10
                    Hi all,

                    Sorry to jump in on your thread Linda, but I also have a question in regards to illegitimacy, and wondered if OC or Guy would have the answer!

                    One of my ancestor, William Tippins, was born in 1814 at Staunton-upon-Arrow in Herefordshire. Although no bastardly bonds survive for the parish, the overseer's book survives with all the payments in/out of the parish. Each week/month, the overseer's lists all the illegitimate children, and the amount being paid to the mothers/families, but there is no mention of my ancestor.

                    Even though William was born at Staunton, could another parish have dealt with the payments, perhaps the father's parish? Or would it be more likely that the father was paying maintenance through some other channel, and not the church?

                    Thanks,
                    Tippin
                    Families Intrested in
                    Archer (DBY), Bannister (SFK/STS), Br(o/a)mley (DBY), Darrall (SAL/WAR), Florence (STS), Freeman (WAR), Grimsdell (BKM/STS), Knight (WAR), Sheldrake (SKF), Simpson (LND/STS), Smith (SFK/WAR/WOR), Tatham (LND), Tippin(s) (HEF/WAR), Wagstaff (DBY/NTT), Whitefoot (SAL/WAR)

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                    • #11
                      OC if you read the bonds on my website you will see the churchwardens are to receive the payments for the parish not to make them in case of default.
                      Often an additional person would be named if the reputed father was not thought to be able to make payment.


                      Cheers
                      Guy
                      Guy passed away October 2022

                      Comment


                      • #12
                        If the reputed father made voluntary payments these would not be recorded.
                        Only the payments made by order were recorded.
                        Cheers
                        Guy
                        Guy passed away October 2022

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