Jonah Patel
In the Massachusetts Colony of 1690, illegitimate children were those born to parents who were not married to each other, including cases of adultery. These children had no legal standing in society and could not inherit property or be granted entailed property. The Puritan founders of the colony established laws and rules based on their religious faith, including strict punishments for fornication and bastardy. The legal rights and obligations of parents towards illegitimate children evolved over time, with fathers of illegitimate children only being held financially responsible from the beginning of the 17th century.
| Characteristics | Values |
|---|---|
| Definition | A bastard or illegitimate child is defined as a "child born out of wedlock or of adultery" |
| Legal Standing | Illegitimate children had no legal standing in society |
| Surname | Illegitimate children acquired no surname at birth and could only acquire a surname by reputation |
| Inheritance Rights | Illegitimate children could not inherit property or be party to a strict settlement |
| Parental Obligations | Fathers of illegitimate children were required to contribute financially to their upbringing |
| Social Status | The punishment for having illegitimate children varied based on social status; poor people were more likely to be severely punished and cast out, while men of higher status might only pay child support for a limited time |
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What You'll Learn
Puritan faith and illegitimacy
Puritan faith was a key influence on the laws and social norms of the Massachusetts Bay Colony. The colony was founded by Puritans who sought to create a new society based on their religious teachings and beliefs. The Massachusetts Body of Liberties, adopted by the colony in 1641, was a compilation of 100 civil and criminal laws rooted in the social sanctions of the Bible. These laws addressed various aspects of colonial life, including slavery, protections for women, children, and people with mental disabilities, and regulations for sexual conduct.
Sexual relations outside of marriage were considered a serious transgression in Puritan society. Sex before marriage was deemed fornication, while adultery applied when one or both partners were married to someone else. Puritan law prescribed harsh punishments for these acts, including fines, public humiliation, and even death in the case of adultery and rape. The birth of an illegitimate child brought further consequences, with the mother facing fines and the child being branded as a bastard.
In Puritan Massachusetts, illegitimate children were denied basic rights and faced significant social stigma. Under common law, these children had no surname at birth and typically took their mother's name. They were also excluded from inheritance practices, unable to break the chain of entailment and inherit property through the male line. This meant that legitimate children born later could supersede them in the line of succession. Illegitimate children were also barred from strict settlements, further limiting their legal rights and social standing.
The Puritan faith's influence on illegitimacy extended beyond social stigma and legal discrimination. The religious teachings shaped the moral and ethical framework within which illegitimate children and their parents were expected to operate. The emphasis on personal responsibility and moral conduct meant that individuals who engaged in premarital or extramarital sexual relations were seen as transgressing not only societal norms but also religious doctrines. This religious underpinning guided the colony's approach to illegitimacy, with an emphasis on punishment, repentance, and the restoration of moral order.
While the specific laws and social practices surrounding illegitimacy in Puritan Massachusetts evolved over time, the influence of Puritan faith remained a constant factor. As the legal system progressed and the religious tones within the law faded, the underlying moral framework continued to shape societal attitudes toward illegitimate children and their families. The interplay between Puritan faith and illegitimacy in the Massachusetts Bay Colony illustrates the complex relationship between religion and social norms in the historical context of colonial America.
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Legal rights of illegitimate children
In the Massachusetts Bay Colony, illegitimate children were defined as those born out of wedlock or of adultery. These children had no legal standing in society and were often the result of sexual encounters between individuals who were not married. The Puritan faith heavily influenced the laws in the Massachusetts Bay Colony, resulting in strict rules surrounding bastardy and fornication.
The legal rights of illegitimate children in the Massachusetts Bay Colony were limited, and the children were often viewed as a source of labour. While fathers had almost absolute control over their legitimate children, they also had considerable responsibilities towards them. This relationship was more akin to that of a master and servant, with the father providing for the child in exchange for their labour. The community played a role in enforcing this obligation, particularly in ensuring that fathers provided food and shelter for their children.
In cases of divorce or separation, custody disputes between the mother and father were rare, as women had few rights, and divorce was forbidden in some colonies. Instead, widowhood was more common, and the rights of custody and control of the children could be assigned by the father or the court to a male guardian. In cases of illegitimacy, both the mother and putative father were subject to punishment and fines, and the fate of the illegitimate child was determined by the court.
Courts in the Massachusetts Bay Colony frequently intervened in families on grounds of abuse or neglect, particularly in New England. However, their focus was often on labour-oriented neglect, as children were valued for their potential economic contributions. While fathers were not legally compelled to provide non-vocational education for their children, they were expected to ensure their children could read and write. This responsibility was monitored by town officials, who also supervised the religious training of the children.
In conclusion, while illegitimate children in the Massachusetts Bay Colony had limited legal rights and were often treated as a source of labour, the community and courts played a role in ensuring their basic needs and education were met. The laws surrounding bastardy and fornication were strict, and the fate of illegitimate children was largely determined by the courts, with the biological father being held financially responsible for the child once determined.
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Parental obligations
In the Massachusetts Bay Colony, illegitimate children were defined as those born out of wedlock or of adultery. These children were considered to have no legal standing in society and could not inherit property or be granted entails. The parents of these children had certain obligations and responsibilities that were outlined by the law.
The Puritan faith heavily influenced the laws and social norms of the Massachusetts Bay Colony. Sexual activity was expected to be confined to marriage, and any deviation from this expectation was met with harsh consequences. Fornication, or sex between unmarried individuals, was punished by fines and public humiliation, such as whipping. Adultery, or sexual relations between a married person and someone who was not their spouse, was considered a more serious crime and could even result in the death penalty.
When it came to parental obligations towards illegitimate children, the laws evolved over time. Initially, the focus was primarily on punishing the parents, particularly the mother. For example, in the 1650s, a woman who gave birth to an illegitimate child could be fined, and if the father did not come forward to acknowledge the child, the mother could be subjected to a public whipping.
However, by the late 17th century, the laws began to shift towards holding the fathers of illegitimate children financially responsible. This was influenced by English common law, which required the putative father to support "bastard" children. The colonies, including Massachusetts Bay Colony, established their legal systems based on a combination of old English common law and their religious faith.
In the case of illegitimate children, the reputed father, once determined, was obligated to contribute financially to the child's upbringing. This marked a significant change from earlier practices, as it recognized the child's right to support and shifted the focus towards the best interests of the child.
The Massachusetts Body of Liberties, adopted by the colony in 1641, also included provisions to protect children, regardless of their legitimacy. These laws aimed to safeguard the welfare of all children and ensure their basic needs were met. While illegitimate children may have faced social stigma and legal disadvantages, there were still mechanisms in place to provide for their well-being and protect their rights within the colony.
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Punishment for fornication
In the Massachusetts Bay Colony, sex outside of marriage was considered fornication, and it was generally punished by fines and pressure to marry. The colony's laws were based on a combination of old English common law and the Puritan faith of the colonists. During the 17th century, premarital sex was the main cause of fornication charges. However, towards the end of the century, men were less likely to face judicial consequences for such actions, and non-marital sex became the primary reason for fornication charges against women.
Fornication was a crime in 18th-century Massachusetts, and white women became the main targets of fornication charges, while men faced fewer legal consequences. This shift in focus towards women was part of a broader effort to uphold white patriarchy and control the behaviour of "disorderly" white women. Additionally, while people of colour also faced fornication charges in the 17th century, these prosecutions became less common in the 18th century. This lack of legal repercussions for men and people of colour served to uphold racial and gender hierarchies, as it allowed white men to avoid consequences for sexual relations with enslaved women and prevented men of colour from seeking paternal rights.
The specific punishments for fornication in the Massachusetts Bay Colony included fines and whipping. From 1639 to 1666, if a father did not acknowledge his illegitimate child, the mother would receive a public whipping. By the 1680s, the standard fine for fornication was forty shillings, and the number of whip blows was reduced to ten. These punishments became standard by 1692. It's important to note that the lower courts in the colony handled matters like issuing licenses and probate, while the council of assistants served as the final court of appeal and the principal court for more severe criminal and civil issues.
In addition to fines and whipping, other consequences of fornication included social disapproval and pressure to marry. A woman who gave birth to an illegitimate child could be fined. While bastardy laws, which concerned children born out of wedlock, were also in place, they were closely linked to fornication laws. By the late 18th century, bastardy cases were heard exclusively by courts, with judges and juries deciding on financial contributions from the reputed father.
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Inheritance laws
The laws and legal precedents of the Massachusetts Colony in 1690 were based on a combination of old English common law and Puritan faith. The colony's laws pertaining to bastardy and illegitimate children were largely influenced by English common law, which considered a bastard or illegitimate child as one "born out of wedlock or of adultery".
In the late 17th century, the legal responsibility for illegitimate children began to shift towards the fathers, who were required to contribute financially. This was a significant development, as prior to this, only the mothers of illegitimate children were punished, often through public whipping. The shift towards holding fathers accountable can be seen in the English Poor Law Act of 1601, which established the obligation of the father to support his children until they reached the age of majority at 21.
In the Massachusetts Colony, the Body of Liberties, established in 1641, was the first legal code composed of liberties to guide the General Court. The colony's laws also emphasised the system of apprenticing poor and illegitimate children, particularly in colonies like Virginia, which had a large population of orphans and illegitimate children. While the community was willing to advise and supervise households, they were often unwilling or unable to subsidise poor families. As a result, fathers who could not adequately provide for their families risked losing custody of their children to poor law officials.
In terms of inheritance laws, illegitimate children were considered to have no legal standing in society. This meant that they were not entitled to the same rights and privileges as legitimate children, including inheritance. The specific inheritance laws of the Massachusetts Colony in 1690 are not readily available, but it is likely that they reflected the laws in England at the time, which did not recognise the inheritance rights of illegitimate children.
The Massachusetts Colony's laws evolved over time, with the legal precedents shifting from religious themes to more secular, legal terminology. By the late 18th century, the colony's laws pertaining to bastardy mirrored those in England, and bastardy cases were heard exclusively by judges and juries in courts.
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Frequently asked questions
An illegitimate child is any child born to a couple who are not married to each other. If either party is married to someone else, the couple has committed adultery.
Illegitimate children had no legal standing in society. They could not inherit property and were often outcasts.
The punishment for producing illegitimate children varied based on social status. Poor people could be severely punished and cast out, while a man of higher status might pay child support and then go about his business.
Illegitimate children usually took their mother's name. However, they could acquire a surname by reputation or, in some cases, were permitted to take their father's surname.
