Identity area
Reference code
Title
Date(s)
- 1586-1773 (Creation)
Level of description
Extent and medium
34 linear metres
Context area
Name of creator
Biographical history
The London court of orphans was established in the middle ages, with the first recorded case heard in 1276. The mayor and aldermen, sitting in the Inner Chamber of the Guildhall, handled cases relating to the care of the orphans of freedmen. When a freedman died with children who were underage, the executor of his will was obliged to report the death at the Guildhall. He then agreed to produce an inventory of the dead man's estate, from which the worth of the dead man was calculated and then divided between the widow, any legitimate children and finally anyone else specified in the will of the deceased. The court appointed guardians, usually the widow or close relatives, to care for the orphans and their inheritance until the orphan reached the age of majority. The guardian had to give a recognizance, or promise, guaranteeing that they would pay the orphan their full inheritance when they came of age. The recognizance had to be confirmed by at least three sureties, people who would pay the monies owed in the event of the guardian becoming bankrupt. In 1492 the court began the custom of meeting on every second Monday during Lent and summoning all sureties to make sure they could still meet their obligations. Guardians were monitored to ensure that they did not cheat the orphan out of their money, and, in the case of female orphans, were not married inappropriately. Guardians who did not obey the court could be imprisoned or fined.
By 1560 the number of cases handled by the court had expanded rapidly although no single officer was ever responsible for the court. Instead several officers were responsible for seeing that court business took place: the mayor and aldermen heard cases; the common serjeant acted as advocate for the orphans; the common crier made inventories and ensured that new cases were reported; the chamberlain took recognizances and took deposit of the inheritance if it was decided not to give it to the care of a guardian, and the clerk of orphans performed a range of administrative duties in this, as well as other, courts. Tables and scales were introduced which determined how much a funeral could cost, how much a guardian could deduct from the inheritance to cover the cost of maintenance of the orphan, and what fees could be charged by the court.
The court of orphans played an important financial role within the City of London because inheritances were increasingly deposited with the chamberlain, who used the money as loan capital when borrowing to help shore up the city's worsening finances. The court therefore suffered a decline during the 1680s and 1690s, when the city experienced a financial collapse and money due to orphans could not be paid. Several orphans petitioned Parliament for payment of their inheritance, leading to the passing of the Orphans' Act in March 1694. This led to the formation of an Orphans' Fund which consolidated all the city's debts for ease of repayment. The incident marked the end of the traditional court of orphans and the government curtailed London's medieval legal practices in 1724, although some intestacy functions did continue until the 1850s. The legal functions of the court were taken over by Chancery.
Repository
Archival history
CLA/002 1586-1773 collection 34 linear metres Corporation of London
The London court of orphans was established in the middle ages, with the first recorded case heard in 1276. The mayor and aldermen, sitting in the Inner Chamber of the Guildhall, handled cases relating to the care of the orphans of freedmen. When a freedman died with children who were underage, the executor of his will was obliged to report the death at the Guildhall. He then agreed to produce an inventory of the dead man's estate, from which the worth of the dead man was calculated and then divided between the widow, any legitimate children and finally anyone else specified in the will of the deceased. The court appointed guardians, usually the widow or close relatives, to care for the orphans and their inheritance until the orphan reached the age of majority. The guardian had to give a recognizance, or promise, guaranteeing that they would pay the orphan their full inheritance when they came of age. The recognizance had to be confirmed by at least three sureties, people who would pay the monies owed in the event of the guardian becoming bankrupt. In 1492 the court began the custom of meeting on every second Monday during Lent and summoning all sureties to make sure they could still meet their obligations. Guardians were monitored to ensure that they did not cheat the orphan out of their money, and, in the case of female orphans, were not married inappropriately. Guardians who did not obey the court could be imprisoned or fined.
By 1560 the number of cases handled by the court had expanded rapidly although no single officer was ever responsible for the court. Instead several officers were responsible for seeing that court business took place: the mayor and aldermen heard cases; the common serjeant acted as advocate for the orphans; the common crier made inventories and ensured that new cases were reported; the chamberlain took recognizances and took deposit of the inheritance if it was decided not to give it to the care of a guardian, and the clerk of orphans performed a range of administrative duties in this, as well as other, courts. Tables and scales were introduced which determined how much a funeral could cost, how much a guardian could deduct from the inheritance to cover the cost of maintenance of the orphan, and what fees could be charged by the court.
The court of orphans played an important financial role within the City of London because inheritances were increasingly deposited with the chamberlain, who used the money as loan capital when borrowing to help shore up the city's worsening finances. The court therefore suffered a decline during the 1680s and 1690s, when the city experienced a financial collapse and money due to orphans could not be paid. Several orphans petitioned Parliament for payment of their inheritance, leading to the passing of the Orphans' Act in March 1694. This led to the formation of an Orphans' Fund which consolidated all the city's debts for ease of repayment. The incident marked the end of the traditional court of orphans and the government curtailed London's medieval legal practices in 1724, although some intestacy functions did continue until the 1850s. The legal functions of the court were taken over by Chancery.
Corporation of London Records Office.
Records relating to the Court of Orphans, City of London, including Common Serjeant's Books, 1586-1773 (series CLA/002/01), Orphans' Inventories, [1600]-1773 (series CLA/002/02), Inventories: Indexes and Transcripts, 1666-[1926] (series CLA/002/03), Orphanage Bonds and Deeds, 1599-1704 (series CLA/002/04), Recognizances, 1590-1747 (series CLA/002/05), Satisfactions, 1548-1702 (series CLA/002/06), and Miscellaneous items including receipts and other papers regarding orphans, 1619-1697; legal customs including precedents in orphanage matters and divisions of estates; accounts, 1671-1728; committee papers and statements of the Orphan Fund, 1690-1750, custody of goods by orphans, 1401-1448 and journal articles based on the Court of Orphans records, 1934 and 1970 (series CLA/002/07).
In sections according to catalogue.
Available for general access.
Copyright City of London
English
Fit
Please see online catalogues at: http://search.lma.gov.uk/opac_lma/index.htm
See also COL/CHD/OA: Chamberlain's Orphans Accounts.
"The Court of Orphans" by Charles Carlton (Leicester University Press, 1974) made use of the Court of Orphans records.
Compiled in compliance with General International Standard Archival Description, ISAD(G), second edition, 2000; National Council on Archives Rules for the Construction of Personal, Place and Corporate Names, 1997. February 2009 Court of Aldermen , Corporation of London Social welfare Child welfare People People by roles Orphans Law Legal systems
Immediate source of acquisition or transfer
Corporation of London Records Office.
Content and structure area
Scope and content
Records relating to the Court of Orphans, City of London, including Common Serjeant's Books, 1586-1773 (series CLA/002/01), Orphans' Inventories, [1600]-1773 (series CLA/002/02), Inventories: Indexes and Transcripts, 1666-[1926] (series CLA/002/03), Orphanage Bonds and Deeds, 1599-1704 (series CLA/002/04), Recognizances, 1590-1747 (series CLA/002/05), Satisfactions, 1548-1702 (series CLA/002/06), and Miscellaneous items including receipts and other papers regarding orphans, 1619-1697; legal customs including precedents in orphanage matters and divisions of estates; accounts, 1671-1728; committee papers and statements of the Orphan Fund, 1690-1750, custody of goods by orphans, 1401-1448 and journal articles based on the Court of Orphans records, 1934 and 1970 (series CLA/002/07).
Appraisal, destruction and scheduling
Accruals
System of arrangement
In sections according to catalogue.
Conditions of access and use area
Conditions governing access
Available for general access.
Conditions governing reproduction
Copyright City of London
Language of material
- English
Script of material
- Latin
Language and script notes
English
Physical characteristics and technical requirements
See also COL/CHD/OA: Chamberlain's Orphans Accounts.
Finding aids
Please see online catalogues at: http://search.lma.gov.uk/opac_lma/index.htm
Allied materials area
Existence and location of originals
Existence and location of copies
Related units of description
Publication note
Notes area
Note
Alternative identifier(s)
Access points
Subject access points
Place access points
Name access points
Genre access points
Description control area
Description identifier
Institution identifier
Rules and/or conventions used
Compiled in compliance with General International Standard Archival Description, ISAD(G), second edition, 2000; National Council on Archives Rules for the Construction of Personal, Place and Corporate Names, 1997.
Status
Level of detail
Dates of creation revision deletion
Language(s)
- English