test ----- Original Message ----- From: "David Blake" <dsblake2004@yahoo.co.uk> To: <ENG-HAM-PORTSMOUTH-GOSPORT-L@rootsweb.com> Sent: Thursday, August 11, 2005 11:38 AM Subject: Re: [PORTSMOUTH-GOSPORT] illegitimacy and history >A little outside Hampshire, I know, but there's a fascinating booklet from >the Westbourne Local History Group called 'The bastards of Westbourne'. >The records for that village are very full and I'm hoping to delve into >them. > > One of my ancestors, George Bettesworth, moved from Westbourne to Hayling > in 1819 when he married Mary Anne Terrey. For some years he was paying > money to the North Hayling overseers, but I haven't been able to find out > why. Maybe the bastardy records for Westbourne will tell me. > > David Blake > > Knightroots@aol.com wrote: > > Ancestry Daily News > 8/9/2005 - _Archive_ > (http://www.ancestry.com/learn/library/category.aspx?category=&type=1&page=1&bydate=1) > â?¢ _Ancestry Daily News, 9 August 2005_ > (http://www.ancestry.com/learn/library/article.aspx?article=10306) â?¢ > Illegitimacy in England and Wales > ____________________________________ > Illegitimacy in England and Wales > â?" Sherry Irvine, CGRS, FSA (Scot) > Somewhere among our English or Welsh ancestors most of us find at least > one > instance of illegitimacy, either in the direct line or among close > collateral > relations. > There are a few generally known facts about the topic. Bastard children > suffered because their parents did not conform to what was considered > moral > behavior, local authorities would do their best to avoid costs, and > records exist > relating to identifying fathers and obtaining support payments. Some of us > have used these records, either those generated locally and found among > the > collective collections known as records of the parish chest, or those from > the > court of quarter sessions. > Not many see the need to understand the intricacies of the law, but the > legal background is interesting and could be useful to a search. There is > certainly good evidence of this in a recent book, My Ancestor Was a > Bastard, by > Ruth Paley and published by the Society of Genealogists, (2004). > Complexities of the Law > Church courts were involved in illegitimacy as far back as the 1500s and > beyond. Care of children had a moral side to it and it was the duty of > parents > to look after offspring born in and out of wedlock. This role was affected > by > legislation in 1576 that gave justices of the peace the authority to deal > with paternity and maintenance cases. In other words, up until the middle > of the > 1800s there were two types of law that could apply, church law and common > law. They did not always agree on whether or not a child was illegitimate. > That is not the only complex aspect; inheritance matters could be > difficult, > and potentially a (http://www.ancestry.com/s19285/t6177/rd.ashx) > genealogical gold mine. In her book, My Ancestor Was a Bastard, Paley sets > this out in > a clear and interesting manner, highlighting legal absurdities along the > way. Differences arose depending on how the law was applied and because > legal > systems around the British Isles were not all the same. > What is known as common law applied in England and Ireland, but courts in > the two regions acted independently and could interpret the law in > different > ways. Scotland's legal system was based on Roman law, a factor that > contributed > to similar types of cases producing dissimilar outcomes. > Inheritance issues were also influenced by the view in common law that an > illegitimate child was no one's child and legally had no relatives. > Provisions > had to be made in a will for illegitimate children to receive anything > from > the estate of a parent. This was an issue for Catholics because their > marriage > was not always recognized as a legal union. > > > > ==== ENG-HAM-PORTSMOUTH-GOSPORT Mailing List ==== > Spring clean your tree and see if you can dust off some new rellies > > ============================== > New! Family Tree Maker 2005. Build your tree and search for your ancestors > at the same time. Share your tree with family and friends. Learn more: > http://landing.ancestry.com/familytreemaker/2005/tour.aspx?sourceid=14599&targetid=5429 > > > > --------------------------------- > To help you stay safe and secure online, we've developed the all new > Yahoo! Security Centre. > > > ==== ENG-HAM-PORTSMOUTH-GOSPORT Mailing List ==== > Granny SMITHs aren't just the name of an apple they are in many a family > tree too > > ============================== > Search the US Census Collection. Over 140 million records added in the > last 12 months. Largest online collection in the world. Learn more: > http://www.ancestry.com/s13965/rd.ashx > > > > > -- > No virus found in this incoming message. > Checked by AVG Anti-Virus. > Version: 7.0.338 / Virus Database: 267.10.2/65 - Release Date: 07/08/2005 > >