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Court of Orphans

Date updated: 2/07/2024

1. About this guide

This guide provides an overview of the records of the Court of Orphans from its origins in the 13th century, until its decline in the 18th century.

2. What do I need to know?

The Court of Orphans was a customary court in the City of London that functioned to look after the underage orphans (fatherless children) of the City’s freemen. The Court of Orphans was overseen by the Court of Aldermen, and it had three main functions:

  • To supervise the guardianship of orphans, ensuring they were appropriately housed, clothed, fed and educated.
  • To supervise the division of the deceased freemen’s personal estate according to the custom of the City of London.
  • To ensure an orphan was paid their inheritance when they reached maturity.

After a freeman died with underage children, the executor of his estate was obligated to come to Guildhall within 14 days to inform the City of the death, or they were summoned by the Common Crier. They were then bound to return with a probate inventory of the estate, and four appraisers were appointed, two of which were selected by the Common Crier, and two by the executor. These inventories listed the moveable goods of the deceased, including domestic wares, merchandise, ready money, and investments, but not real estate. The probate inventory was written on vellum and rolled, and then given to the Common Serjeant so he could divide the estate.

According to the City’s customary laws, a freeman had to leave at least a third of his estate to his widow, and a third to his orphans. Once the estate was divided, the orphan’s inheritance (known as the orphan’s portion) could be kept by either the executor on a bond known as a recognizance, or it could be deposited into the City’s chamber. The orphan would only inherit the money once they turned 21, or 18 if a female orphan was married. Depending on where the money was deposited, interest had to be paid to the orphan during their minority, and this was known as finding money. When an orphan reached maturity and received their inheritance they were acknowledged as satisfied.

3. Records at London Metropolitan Archives

The material relating to the City’s orphans from the 13th-15th centuries can be found primarily in the Letter Books (COL/AD/01), the Journals of the Common Council (COL/CC/01) and the wills of the Court of Hustings (CLA/023/DW). In the late 15th century, the Court of Aldermen’s business migrated from the Letter Books and the Journals to the Repertories of the Court of Aldermen (COL/CA/01), where orphan business was also recorded from this period. The Court of Hustings also fell into decline during this period, and its business was absorbed by the Prerogative Court of Canterbury. In the late 16th century, the Court of Orphans was given its own series of records, while its day-to-day proceedings continued to be recorded in the Repertories. The Court of Orphans collection (CLA/002) comprises:

  • Common Serjeant’s books (CLA/002/01) which runs from 1586-1614 and 1662-1773. These volumes are organised chronologically and detail the partible division of each estate administered by the Court, including how much was owed to the widow and the orphans, and the bequests made by the testator. The common serjeant’s books contain entries to estates where the inventory has not survived, and the pencil numbers next to each entry is the corresponding inventory number. These volumes are indexed (see Section 5).
  • Rolled inventories (CLA/002/02/01) which were exhibited in the Court between 1622-1760. These inventories are made of vellum and rolled, and most inventories prior to 1666 were destroyed in the Great Fire of London. The inventories are catalogued by the name of the deceased citizen, and most catalogue entries also list the occupational or marital status of each person, and the related orphans. Dates given are the approximate dates of the inventory’s exhibition. Just over 100 of these inventories relate to the estates of women.
  • Draft inventories and accounts (CLA/002/02/02) from 1678-1773. This series contain draft inventories or partial inventories drawn up by the appraisers. They often contain calculations, edits to draft versions, and notes to the Common Serjeant. Most of these contain duplicate information to what can be found in the rolled inventories, but occasionally they contain additional information left out of the final draft.
  • Recognizances (CLA/002/05) from 1590-1747. This series contains volumes of recognizances, bonds that were entered into by executors and guardians to allow them to borrow an orphan’s portion during their minority. These are copies of the original signed recognizances that were noted in the Journals of the Common Council (COL/CC/01). They were crossed through when they were made null and void, and edited as people died and new recognitors were added.

4. Related records

Records relating to the Court of Orphans are found in several other City of London collections:

  • The Chamberlain’s Department: all the financial records relating to the payment of orphan money in and out of the City’s chamber, and the records of the Orphan’s Fund from 1694 are found in COL/CHD/OA.
  • The Mayor’s Court: some 16th century orphan inventories survive in the Mayor’s Court proceedings (CLA/024/02/008).
  • Comptroller and City Solicitor: suits for orphan estates that were sued in the central courts in Westminster survive in the Comptroller and City Solicitor’s collection (COL/CCS).
  • Wills of citizens: the wills of freemen whose estates were processed by the Court of Orphans are found in the Consistory, Commissary and Archdeaconry courts. See Wills in London, Middlesex and Surrey before 1858.

5. Finding aids

An index to the Common Serjeant’s Books was compiled c.1926-7 (CLA/002/03/001). A photocopy of this index is available upon request from the staff in the Information Area. This index provides the following:

  • The folio number indicates the location of the entry in the relevant Common Serjeant’s Book;
  • The roll number (underlined in green) of any extant inventories or accounts relating to the estate;
  • The index has also been annotated with index references, underlined in red, to Boyd's Inhabitants of London & Family Units, which is held at the Society of Genealogists and available on Findmypast. See Boyd's Inhabitants Of London & Family Units 1200-1946.
  • At the back of this Index are further indexes to the active trades listed on the inventories, and an index to the deeds listed by box.
  • Inventories 0002-0260 (CLA/002/02/01) are not summarised in the Common Serjeant's Books but are indexed at the back of the Index to the Common Serjeant's Books.

A printout of the entire Court of Orphans archive catalogue is available on the open shelves in the Information Area (Courts, City of London, volume 6 of 10). You can also view the catalogue via the LMA Collections Catalogue (see CLA/002).

6. Records held elsewhere

Many of the wills of citizens whose estates were administered by the Court of Orphans were exhibited in the Prerogative Court of Canterbury. These wills often refer to the Court of Orphans, and the money the testator left to both orphans and widows.

Prerogative Court of Canterbury wills are held at The National Archives. Please see their guide for further information: How to look for records of...Wills 1384-1858.