In my Regency Historical Courtesan series, the Marquees of Chatham, Byron Copley, learns that he fathered a child nearly a decade ago. He sets out to make the child his ward. But first he has to remove Timothy from the abusive and criminal man Winkleton, who is Timothy’s father by law.
In Regency England adoption wasn’t a custom, children could however find themselves under the guardianship of a male relative or benefactor. There were three types of guardians in 19thcentury England, the guardian of nurture, the guardian of soccage or common law, and the guardian by statute or testamentary. All three carry charge over the child, with the latter two having charge over the ward’s property and money. An orphan is normally a minor whose father is dead, although the mother may still be alive and have physical custody of the children. Orphans lacking an estate and income didn’t need a guardian and were bound out as apprentices.
Parents, of course, were the natural guardians, and fathers were always preferred in the male dominated society. In the case of a women remarrying after the death of her first husband, her 2ndhusband would become the children’s guardian. Common law claimed that the closest relative who would not inherit anything from the ward should be chosen as a guardian.
When no testamentary guardian was named, a fourteen-year-old or older ward, could apply to the court for a guardian of their own choice or ask for one appointed by the court. Of course, most 14 year olds didn’t know this law and usually accepted whomever the court appointed. The ward would be cared for until the age of twenty-one, even if they married. Once of age, the ward is entitled to receive all their estates and signs a discharge of the guardianship. A guardian had to be at least 21 years old and were required to take oaths and post bonds before receiving letters of guardianship. Guardians were also required to submit annual accounts and renew their bonds on occasion.
Gaining guardianship of a ward was under the control of the Court of Chancery, and a person would need to apply to this court if no guardian had been named in the deceased father’s will. Even if a guardian was listed in the father’s will, this court still held the authority to override the father’s decision. If a father committed a horrible crime, was egregiously immoral, or was raising his kids as atheists, the court held the authority to remove a natural father’s guardianship.
Fathers of illegitimate children didn’t have the power to name a guardian or to give the child permission to marry. Testamentary guardians, appointed guardians by the court, and unremarried mothers had permission to allow the child to marry under special license. Remarried mothers were not allowed to give this permission. There were many restrictions given by the Chancery Court regarding wedding licensing of wards.
The Lord Chancellor became the guardian for Wards of the court, while solicitors who practiced in the court were routinely appointed guardians to orphans. Some orphans were turned over to the parish in which they lived, and contracted to a master who would feed, clothe, and care for the child while apprenticing them for a trade. During Regency England, children were fostered, apprenticed, and assigned to guardians. Some were given to relatives or taken in by neighbors, but usually in these cases no official legal guardianship was established. Becoming an orphan in the 19thcentury didn’t necessarily mean you lost both your parents, as children were sometimes forced out of their families due to overcrowding in the home or abandonment.
There were few orphanages or foundling houses during this time and they were used by the very poor. The living conditions in orphanages were overcrowded and unsanitary. Often the child would rather partake in criminal activity and live on the streets than in one of these buildings. Of course the public was shown the benefits of the orphanages and not the horrid living conditions in which these children were being raised. In the orphanage, boys were taught a trade, while the girls were taught domestic duties. Many were put in workhouses until they were old enough to be apprenticed out. Most orphanages were run by charitable or religious groups, like the Church of England Waifs and Strays Society. The Foundling Hospital in London was established in 1739 by sea Captain Thomas Coram.
Orphans and children of the poor were often bound out as apprentices. Boys would work in husbandry, go to the factory, work in mines, be trained for a specific craft like shoemaking, or be put in sea service. According to English law at the time, every ship of 30-50 tons had to take an apprentice. Girls would work in housewifery in a home or inn, some would spin yarn and complete other domestic duties, while the lucky ones became involved in millinery. Although most apprenticeships began at the age of fourteen, some children would be bound out as young as seven. The apprenticeship usually lasted seven years, until the age of twenty-one. Farmers, factory owners, shopkeepers, and tradesmen were expected to take a number of pauper apprentices. Illegitimate children, mostly boys, could be apprenticed to their biological father or another male family member.
A special thank you to: http://www.regencyresearcher.com/pages/guardian.html,https://vanessariley.com/blog/2015/06/01/regency-wards-and-guardians-the-care-of-a-well-to-do-orphan/, https://www.bl.uk/romantics-and-victorians/articles/foundlings-orphans-and-unmarried-mothers,http://www.capefearclans.com/Guardianship.html
