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admitted Adulterine Bastardy adultery afterwards antea appears Attorney-general Banbury's bastard begotten Bill birth born in wedlock Bracton Caversham Chief Justice child born circumstances claim claimant cohabitation Committee for Privileges considered counsel Countess of Banbury Court coverture Crown daughter death decease divorce Earl of Banbury Earl's Edward fact father favour four seas Gardner heirs male honour House of Lords husband and wife Ibid illegitimate impossibility impotency inference inheritance 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 manor marriage married Morris mother mulier Nicholas non-access opinion Parliament parties Peerage Peers person petition petitioner plaintiff presumption Printed Evidence proceedings proof proved Purbeck quatuor maria question quod realm rebutted Rotherfield Greys sexual intercourse tion trial Vide Viscount Purbeck William witnesses woman writ writ of summons
Page 182 - ... wife, until that presumption is encountered by such evidence as proves, to the satisfaction of those who are to decide the question, that such sexual intercourse did not take place at any time, when by such intercourse the husband could, according to the laws of' nature, be the father of such child.
Page 163 - ... within marriage. But if the issue be born within a month or a day after marriage between parties of full lawful age, the child is legitimate.
Page 589 - NICOLAS.-THE CHRONOLOGY OF HISTORY. Containing Tables, Calculations, and Statements indispensable for ascertaining the Dates of Historical Events, and of Public and Private Documents, from the Earliest Period to the Present Time.
Page 202 - Formerly, it was considered that all doubt could not be excluded, unless the husband were extra quatuor maria. But, as it is obvious that all doubt may be excluded from other circumstances, although the husband be within the four seas, the modern practice permits the introduction of every species of legal evidence tending to the same conclusion. But still the evidence must be of a character to exclude all doubt; and when the judges, in the Banbury Peerage Case, spoke of satisfactory evidence upon...
Page 180 - That the physical fact of impotency, or of non-access, or of nongenerating 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.
Page 181 - Whether evidence may be received and acted upon to bastardize a child born in wedlock, after proof given of such access of the husband and wife, by which, according to the laws of nature, he might be the father of such child, the husband not being impotent, except such proof as goes to negative the fact of generating access?
Page 140 - ... other animals. A man may survey ten thousand people before he sees two faces perfectly alike, and in an army of a hundred thousand men every one may be known from another.
Page 426 - Lords, and required to account for his judgment, replied, ' I acknowledge the thing. There was such a plea, and such a replication. I gave my judgment according to my conscience. We are trusted with the law ; we are to be protected and not arraigned, and are not to give reasons for our judgment; and, therefore, I desire to be excused from giving any.
Page 164 - As bastards may be born before the coverture or marriage state is begun, or after it is determined, so also children born during wedlock may in some circumstances be bastards. As if the husband be out of the kingdom of England (or, as the law somewhat loosely phrases it, extra quatuor maria), for above nine months, so that no access to his wife can be presumed, her issue during that period shall be bastards.