Punishment for Bastardy in Early Seventeenth-Century England

Abstract

The first half of the seventeenth century in England witnessed the growing strength of Puritanism and even a “Puritan Revolution.” Frequently it is assumed that in the intensely religious atmosphere of that period local, county, and national authorities imprisoned offenders in order to protect “the inferior sort of people,” those of low rank, from bad example, and to avoid incurring God's wrath for allowing sinners to go unpunished. After all, did not officials incarcerate numerous adulterers, fornicators, and unwed parents? A glance through the documents, however, fosters the conclusion that it was an economic and not moral basis upon which many committals were made. This is suggested by the number of debtors incarcerated and the number of persons found innocent of alleged offenses, yet imprisoned for lack of sureties. Ralph Kershaw and his wife from Audenshaw near Manchester, for example, were found innocent of stealing £9 14s. in cash, but both were jailed until they paid 12s. to the clerk of the peace for their fees. A careful review of seventeenth-century legal records refines first impressions, and suggests that authorities imprisoned women for moral reasons and men for economic considerations. Probably everyone in the seventeenth century would have agreed with the justices who committed to the house of correction in Preston (Lanes.) Alice Robinson of Manchester for having four bastards “by maryed men and others,” and Thomas Greenhalgh of Atherton for fathering seven bastards. But they would not have agreed on whether the male and female were equally guilty or whether the unwed father and mother should be punished similarly.