Subjects: Illegitimacy

As sexual activity outside marriage was forbidden by the church at this time, matters concerning illegitimate children might be brought before the church courts.

Complaints about child support were, however, increasingly brought before Justices of the Peace although there was no Commission of the Peace in Cheshire until 1536.

Acknowledgement of illegitimate child

The church court could enforce the acknowledgement of paternity of an illegitimate child and sometimes oblige the father to support the child.

EDC 5/9/1 – Francis Buckley contra Elizabeth Traves

Care of illegitimate children

Despite the strictures of the church against illegitimacy, an illegitimate child might be supported by the father without any formal arrangement. In such cases, particularly when the father was a member of the gentry, the care and support of such children might be undertaken by supporters or servants of the family.

EDC 5/3/2 – Sir Richard Brereton contra Thomas Valentine