Medical Jurisprudence, Volume 1 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 1 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
the bishops, (_omnes episcopi magnates_) to introduce this novelty,—that
children born before marriage should be legitimised by the subsequent
performance of the ceremony between their reputed parents. There may
indeed be a few instances where illegitimate children have been
legitimised by Act of Parliament[341], but though such legislative
interference might in some cases of extreme doubt and hardship be deemed
not only excusable, but desirable, the present feeling appears to be so
strong against such Acts, that the rule of Law may be considered as
among the most fixed; yet there are some points which may yet receive
considerable elucidation from the studies of the physiologist, and these
will resolve themselves into several questions, (_vide post._)
For the legal authorities on this subject we cannot do better than refer
the reader to the very learned note of Mr. _Hargrave_ in his valuable
edition of _Coke Littleton_, and to the same subject in his
_Jurisconsult Exercitations_, vol. 3. p. 411; but as these may not be of
easy access to our medical readers we have added a full extract of them
in the _Appendix_, p. 209.
SUPPOSITITIOUS CHILDREN.
But there is yet another question which may, and in truth frequently
does occur; where either a pretended pregnancy is followed by the
grosser fraud of imposing a strange child upon the husband, either for
the purpose of fixing his affection, or securing his estate; or where a
living and healthy child is substituted for one either dead, or too
sickly to give reasonable hope of prolonged existence. To this crime our
laws assign no specific punishment; the parties can only be indicted for
a conspiracy as they might have been for any ordinary misdemeanor; the
real punishment falls on the unconscious instrument of the wrong,[342]
the child, who having been educated in every indulgence that affection
and affluence could bestow, finds itself on the exposure of a vindictive
menial, without name, hope, or fortune; abandoned by its assumed, it may
be unable to trace its real parents, yet the authors of this irreparable
wrong have generally escaped even the inadequate punishment to which
their crime had subjected them. Those who are curious to inform
themselves of the doubts and difficulties with which such questions are
entangled, will do well to consult the proceedings in the celebrated
Douglas case,[343] than which few have ever excited so much difference
of opinion on the bench, or so much intensity of interest in the public
mind. The Anglesea case also, with the several trials connected with
it,[344] is well worthy of perusal by those whom interest or curiosity
may lead to this species of investigation.
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