A Treatise on the Law of Adulterine Bastardy: With a Report of the Banbury Case, and of All Other Cases Bearing Upon the Subject, Ausgabe 638W. Pickering, 1836 - 588 Seiten |
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admitted Adulterine Bastardy adultery afterwards antea appears Attorney-general Banbury's Baron bastard begotten Bill birth born in wedlock Bracton Chief Justice child born circumstances claim claimant cohabitation Committee for Privileges considered counsel Countess of Banbury Crown death decease divorce Earl of Banbury Earl's Earldom of Banbury Edward fact father favour four seas Gardner heirs male honour House of Lords Ibid illegitimate impotency inference Inquisition issue Judges judgment jury King King's Bench Knollys Lady Banbury late Earl legitimacy legitimate Lord Banbury Lord Coke Lord Eldon Lord Ellenborough Lord Vaux Lordships Luffe Majesty manor marriage married Morris mother mulier Nicholas non-access opinion Parliament parties Peerage Peers Pendrell person petition petitioner plaintiff presumption Printed Evidence proceedings proof proved Purbeck quatuor maria question rebutted Redesdale Rotherfield Greys sexual intercourse Sir Robert Knollys tion Vide Viscount Purbeck William witnesses woman writ writ of summons
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Seite 65 - Sirrah, your brother is legitimate : Your father's wife did after wedlock bear him : And, if she did play false, the fault was her's, Which fault lies on the hazards of all husbands, That marry wives. Tell me, how if my brother, Who has, you say, took pains to get this son, Had of your father
Seite 6 - afore matrimony should be legitimate, as well as they that be born within matrimony, as to the succession of inheritance, forsomuch as the Church accepteth such for legitimate. And all the Earls and Barons with one voice answered, that they would not change the laws of the realm, which hitherto have been used and approved
Seite 65 - In sooth, good friend, your father might have kept This calf, bred from his cow, from all the world; In sooth, he might: then, if he were my brother's, My brother might not claim him ; nor your father, Being none of his, refuse him : this concludes,— My mother's son did get your father's heir; Your father's heir must have your father's land.
Seite 234 - of the Judges in these precise terms : ' That, in every case where a child is born in lawful wedlock, the husband not being separated from his wife by a sentence of divorce, sexual intercourse is presumed to have taken place between the husband and wife, until that presumption is encountered by such evidence as
Seite 532 - he was not the father, must be of such facts and circumstances as were sufficient to prove to the satisfaction of a jury, that no sexual intercourse took place between the husband and wife at any time, when by such intercourse the husband could, by the laws of nature, be the father of such child
Seite 140 - I have always considered likeness as an argument of a child's being the son of a parent; and the rather, as the distinction is more discernible in the human species than other animals: a man may survey ten thousand people before he sees two faces perfectly alike; and in an army of
Seite 532 - the father of such child: that where the legitimacy of a child in such a case was disputed, on the ground that the husband was not the father of such child, the question to be left to the jury was, whether the husband was the father of such child ? and the evidence to prove
Seite 182 - That the physical fact of impotency, or of non-access, or of non-generating access, as the case may be, may always be lawfully proved by means of such legal evidence as is strictly admissible in every other case in which it is necessary by the law of England, that a physical fact be proved.'
Seite 532 - expressions as applied to the present question, as meaning the same thing; because in one sense of the word access, the husband might be said to have access to his wife, as being in the same place, or in the same house, and yet under such circumstances as instead of proving, tended