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England (Counties as in 1851-1901) => England => Gloucestershire => Topic started by: Norfolk Nan on Sunday 17 August 25 13:43 BST (UK)
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One of mine was charged at Gloucester in 1847 for concealing a birth - the outcome was 'no bill' which I think means not enough evidence to continue with a trial.
Would this charge apply for not registering a birth? I ask because I know there was an illegitimate birth in 1842, a baptism took place, but I haven't found a birth certificate. If not, I assume this charge relates to another birth.
And, how might I find out more about this charge?
Thank you.
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Compulsory registration of births, marriages and deaths was initiated 1 January 1875 - England and Wales.
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Both children from the same mother? Was the 1847 birth not registered either?
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At the time of the 1836 Act the onus was on the Registrar to locate and register the births, many births went unregistered. From 1875 it was the responsibility of the parents to ensure births were registered.
From the 1847 date you quote it sounds most likely the birth was concealed, possibly because the infant did not survive. Have you found a death or a surviving child of a likely age after 1847?
You do not mention how you know about the charge of concealment of a birth, if not from a newspaper report then that would be the way to look further.
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Compulsory registration of births, marriages and deaths was initiated 1 January 1875 - England and Wales.
Registration was intended to be compulsory from 1837 onwards. See our knowledgeable friend AntonyMMM on the subject here https://www.rootschat.com/forum/index.php?topic=869240.msg7401378#msg7401378 and here https://www.rootschat.com/forum/index.php?topic=840047.msg7059839#msg7059839
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Yes, I have seen the responses from AntonyMMM. :-X :-X
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Thanks all. I knew registration was a bit relaxed in the early days but I've got a few that are missing way past the Bill. What I've read suggests a link to miscarriage and infanticide - I hope it was neither in this case.
This ancestor had four known illegitimate births, all different fathers as far as I can tell, but not one in or around 1847 (1840, 1842, 1852 and 1854) so I'm baffled. I found it in the actual criminal register but aside from the charge and the outcome, no details are given. I'll need to look for a newspaper report or other court docs.
Thank you.
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An update -
It appears my ancestor was charged on 19th April 1847 by the oath of a William Bennett and others, of having concealed the birth of a female child on 10th April 1847. She was kept in jail until her case in August when, by proclamation, there was 'no bill' so no case to answer, and allowed free. I've no idea what happened to the child or who William Bennett was. She's working as a cook in the town in 1851 but is elsewhere in 1852 having another child.
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Concealment of a pregnancy and the subsequent birth and death of the child was a criminal offence first enacted according to a research paper I've read around 1803 in England & wales (1809 in Scotland). Primarily aimed at unmarried women it was later reinforced in England Wales and written into The Offences against the Person Act of 1861.
There are several scenarios which could lead to the lack of any procedure
1. The child lived
2. The woman had informed someone she was pregnant
3. At the time of Birth the woman had called for assistance.
Added: It was not linked to a failure to register the Birth but was a crime in its own right.
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Thank you, that's interesting.
I've no idea what happened to the baby, she certainly doesn't appear in later records and I didn't find a burial record. However, I did find another workhouse birth for someone with the name the following year, a boy this time. Again, if it is my ancestor, that boy never featured in future records. That's four births and she later had two more children. I don't know what to think of her.
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Sadly a key element of the crime is the death of the child.
It was a very difficult crime for the authorities to prosecute as it relied upon having to prove that the accused did not tell anyone and that she did not call out or make use of assistance at the time of the birth - in many ways it put the onus on the accused to prove their innocence.
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I'm assuming the child died. She was charged 9 days after the birth and charged on the evidence/oath of a named chap 'and others.' So I'm wondering how he/they knew? I couldn't identify him for certain so have no idea if he's an official or the father. Too many questions!
Thank you.
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Unfortunately there is little to go on - it's possible that this man found the remains of the child and reported it or as you say he may have been the father it is unlikely that the full story will be known.