Children Born Out Of Wedlock

 The following post on bastardy cases was originally published 11 Jul 2017.

What happened when a woman gave birth to a child begotten and born out of wedlock?  Did the mother have any legal recourse?   If she named the child's father, yes, she did have legal recourse.

An unmarried white woman could go before a judge of the county court of the county in which the bastard child was born and accuse a person of being the father of the child. Her statement was then reduced to writing and signed.

If the child appeared to be less than three years of age, a warrant was issued, requiring the accused person to be apprehended and brought before a judge of the county court. He was required to enter into recognizance, with good surety, in the sum of $300, to appear at the county court and abide by the judgment of the court.

If the accused person refused to give recognizance, the judge would commit him to the county jail where he would remain there until he gave recognizance or otherwise be discharged by due course of law. [1] If ordered to pay a sum of money, the father might pay in a lump sum or in installments.

There were cases, however, where the mother of a bastard child never went to court to name the father of her child and it is assumed she and/or her family provided support for the child. The aim of having the father pay for the child was to prevent the child from becoming a charge upon the county.

Bastardy cases are most often found among loose county court papers in the county clerk's office.  Among the information given is the name of the mother and the accused father, the date of the child's birth and whether male or female and sometimes where the child was born. Bastardy cases may also be mentioned in the county court minutes, but with fewer details given.

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[1] The Revised Statutes of Kentucky, Approved and Adopted by the General Assembly, 1851 and 1852, and in force from July 1, 1852, Vol. 1 (Cincinnati: Robert Clarke & co., 1867) Chapter 6, Approved 17 February 1858; accessed through Google Books, 2 February 2016.

Re-published 27 Oct 2022, Western Kentucky Genealogy Blog, http://wkygenealogy.blogspot.com/

Bastardy Case and Name Change

On the 18th day of September 1827 Eliza Bruff made oath before a Justice of the Peace in Livingston County, Kentucky, that she had been delivered of a female bastard child on September 14th,  1826 at the home of Hazle Leorns. [1]  She charged that Allen Hodge, labourer of the same county, had gotten her with child.[2]

In discharge of the warrant and, with William Pippin as his security, Hodge made arrangements for the support and maintenance of the child. Hodge agreed to pay notes of $25 yearly in 1829, 1830 and 1831 and also paid in hand to Eliza $29 and a note for $25 in 1828. The money was to be paid upon the condition that Eliza would agreed that the prosecution for bastardy would be dropped and would do everything within her power to have same dismissed. If she did so and the child lived, Hodge would pay the sums of money. If this did not happen, the notes would be void.  Each party agreed to keep the agreement.

The details of this agreement are not mentioned when it was recorded in the county court minutes. It stated only "by written agreement of the parties filed here in Open Court, same is ordered to be dismissed." [3]

Allen Hodge died before 8 November 1836 when Joseph Watts was appointed guardian to Julia Allen  Hodge, "heir of Allen Hodge, dec'd."[4]  

Eliza Bruff, who had charged  Hodge with fathering her child, was deceased by 6 Dec 1841 when "Cassander Bruff, heir and infant  of Eliza Bruff dec'd, being over 14 years of age appeared in Open Court and made choice of Jeremiah Crammer as for [sic] her guardian. " [5]  If Cassander was over age 14, she was born before 1827. Remember Eliza's child by Allen Hodge was born in September 1826.

Cassander/Cassandra  took the Hodge name as when she married Jeremiah Crammer just three days after Jeremiah was appointed her guardian, she gave her name as Cassandra Hodge.[6] No further record of Jeremiah and Cassander/Cassandra Crammer has been found, but the Hodge name continues in Livingston County today.

Jeremiah Crammer chosen guardian of Cassander Bruff

6 December 1841

Return of Marriage of Jeremiah Crammer and Cassandra Hodge

9 December 1841

Click on above documents for an enlarged view

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[1] This surname is all but illegible. It could be Corn.

[2] Livingston County Clerk's Loose Papers (1827), Livingston County Clerk's Office, Smithland, Kentucky. Warrant served on Allen Hodge 19 Sep 1827.

[3] Livingston County Order Book G, p. 276,  1 Oct 1827.

[4] Livingston County Order Book I, p. 35, 8 Nov 1836.

[5] Livingston County Order Book I, p. 360,  6 Dec 1841.

[6] Kentucky, County Marriage Records, 1783-1965, Ancestry.com. Jeremiah Crammer married Cassandra Hodge 9 Dec 1841 Livingston County, Kentucky.

Published 31 Oct 2019, Western Kentucky Genealogy Blog, http://wkygenealogy.blogspot.com/

Bastardy Cases

What happened when a woman gave birth to a child begotten and born out of wedlock?  Did the mother have any legal recourse?   If she named the child's father, yes, she did have legal recourse.

Any unmarried white woman would go before a judge of the county court of the county in which the bastard child was born and accuse a person of being the father of the child. Her statement was then reduced to writing and signed.

If the child appeared to be less than three years of age, a warrant was issued, requiring the accused person to be apprehended and brought before a judge of the county court. He was required to enter into recognizance, with good surety, in the sum of $300, to appear at the county court and abide by the judgment of the court.

If the accused person refused to give recognizance, the judge would commit him to the county jail where he would remain there until he gave recognizance or otherwise be discharged by due course of law. [1] If ordered to pay a sum of money, the father might pay in a lump sum or in installments.

There were cases, however, where the mother of a bastard child never went to court to name the father of her child and it is assumed she and/or her family provided support for the child. The aim of having the father pay for the child was to prevent the child from becoming a charge upon the county.

Bastardy cases are most often found among loose county court papers in the county clerk's office.  Among the information given is the name of the mother and the accused father, the date of the child's birth and whether male or female and sometimes where the child was born. Bastardy cases may also be mentioned in the county court minutes, but with fewer details given.

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[1] The Revised Statutes of Kentucky, Approved and Adopted by the General Assembly, 1851 and 1852, and in force from July 1, 1852, Vol. 1 (Cincinnati: Robert Clarke & co., 1867) Chapter 6, Approved 17 February 1858; accessed through Google Books, 2 February 2016.

Published 11 July 2017, Western Kentucky Genealogy Blog, http://wkygenealogy.blogspot.com/

Bastardy Cases - Caldwell County

When a woman who had no means of support gave birth to an illegitimate child, the woman often appeared before the county court to name the father and obtain support for the child. The goal was to prevent the child from becoming a charge upon the county.

Most, if not all, counties have bastardy case files. They are usually located among loose county court papers and may also be recorded in the county court order books (court minutes). Bastardy case files usually contain the following information: name of the mother, name of the alleged father, sex of the child and the age at the time the case was filed in court. Keep in mind, however, that if the woman and/or her family preferred to support the child, there was no need to take the case to court and no bastardy charges were filed.

The bastardy cases for Caldwell County are filed in archival boxes in the county clerk's office in Princeton, Kentucky. The files are dated 1815 - 1924, but I found one dated 1812. The following cases are among the earliest filed in Caldwell County.

Polly Newman charged Hiram Pinnel as the father of her child, who was born 20 July 1815. Summoned to testify were Joseph Easley, James Clayton and Old Mrs. Newman to appear in Eddyville 17 December 1816.

Polly Bird charged Milton Finley as the father of her female bastard child, who was delivered 7 November 1817 at the house of Thos. Hancock.

Polly Guess, single, swore on 15 October 1819 at the house of Joseph Guess being on the road leading from Princeton to Flins Ferry about 12 miles from Princeton that she was delivered of a female bastard child and the child is likely to become chargeable to the county and has charged Robert Hooker, laborer, with being the father. Hooker posted bond on 18 October 1821.

Mary Freeman, single and not a slave, delivered a male child 24 April last [1819] at the house of Daniel Warmarlsdorf in Livingston County and Preston Grace is the father of the child. Mary is unable to support sd. child herself and prays for relief.

Priscilla Armstrong, single woman, was delivered of a female bastard child, who was delivered 28 December 1820, and is likely to become chargeable to the county and hath charged Isaac Sampson, laborer, of having begotten her with child. The charge is dated 29 December 1820.

Abigail Johnson was delivered of a female bastard child 26 January 1822 at the house of Benjamin Johnson and charges James M. Hall as the child's father.

Matilda R. Duning was delivered of a female bastard child 4 February last [1822] and charges William Galoway with being the father.

Polly Smart swore John Bolton, yeoman, was the father of her male bastard child born 20 May last [1822].

Wood - Kelley, Bastardy Case 1812

Complaint of Mary Wood against John Kelley in a case of bastardy. Click on document for enlarged view.

On the 7th day of September 1812, Mary Wood, single woman, appeared before Arthur H. Davis, a Justice of the Peace, and stated she was delivered of a “Mail Bastard Child in Caldwell County on the 9th of December 1811 and Sayeth on hir said oath that John Kelley labourer of said County is the father of hir child and said child is likely to become Chargeable to the County.” Kelley was ordered to support the child by paying five pounds annually for several years.

This was the normal procedure when a woman gave birth to an illegitimate child in early Kentucky. In some cases, however, the woman’s family might guarantee to provide maintenance and support of the infant and publicly naming the child’s father was unnecessary.

Once the woman had filed her statement, a summons was delivered to the alleged father, who had to post bond to guarantee his appearance to answer the charges. If determined he was the father, support payments were established.

These bastardy records are often found among loose county court papers in the county clerk’s office. Occasionally, they are also recorded in the county court order book (court minutes).

Just as today, some women appeared more than once to name a man as the father of her illegitimate child. On the 7th of February 1821, Abigail Johnson swore that she was “delivered of a male child at her own place of residence 30 July 1819” and charged James M. Hall with being the child’s father. On the 2nd of May 1822, Abigail, “a free woman,” appeared before a justice of the peace and stated she was delivered of a female child on the 29th of January 1822 at the home of Benjamin Johnson. Again, she charged James M. Hall with being the father. It is unknown if these children carried the name of the mother or the father.

Whatever your personal opinion about children born out of wedlock may be, these bastardy records do provide information that may not be found elsewhere.

Published 28 May 2009, Western Kentucky Genealogy Blog, http://wkygenealogy.blogspot.com/