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
We should not have alluded to personal resemblance[345] between parents
and children, as a mode of proof in these cases, first, as we have
doubted whether such proof can be satisfactory, and secondly, as it may
not be considered a point of medical evidence; but as to our first
doubt, we find that so high an authority as Lord _Mansfield_ thought
that a family likeness was a material proof that a child was the genuine
offspring of the parents through whom he claimed. His lordship in
delivering his judgment in the House of Lords on the Douglas cause, is
reported to have said, “I have always considered likeness as an argument
of a child’s being the son of a parent; and the rather, as the
distinction between individuals in the human species is more discernible
than other animals[346]: 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. If there should be a likeness of
feature, there may be a discriminancy of voice, a difference in the
gesture, the smile, and various other characters; whereas a family
likeness runs generally through all these, for in every thing there is a
resemblance, as of features, size, attitude, and action. And here it is
a question, whether the appellant most resembled his father Sir _John_,
or the younger _Sholto_ resembled his mother Lady _Jane_? Many witnesses
have sworn to Mr. _Douglas_ being of the same form and make of body as
his father; he has been known to be the son of Colonel _Stewart_, by
persons who had never seen him before; and is so like his elder brother,
the present Sir _John Stewart_, that except by their age, it would be
hard to distinguish the one from the other.”
“If Sir _John Stewart_, the most artless of mankind, was actor in the
_enlevement_ of _Mignon_ and _Saury’s_ children, he did in a few days
what the acutest genius could not accomplish for years; he found two
children, the one the finished model of himself, and the other the exact
picture in miniature of Lady _Jane_[347]. It seems nature had implanted
in the children what is not in the parents; for it appears in proof that
in size, complexion, stature, attitude, colour of the hair, and eyes,
nay in every other thing, _Mignon_ and his wife, and _Saury_ and his
spouse were, _toto cœlo_, different from and unlike to Sir _John
Stewart_ and Lady _Jane Douglas_.” 2 _Collec. Jurid. p._ 402.
A painter or a sculptor would be more competent to decide a question of
this nature than a physician or surgeon, but in their absence there is
none on whose testimony we can more safely rely than on the medical
witness, whose habits of observing the formation, changes, and
peculiarities of the human body, naturally prepare him for such
examination.
Public-domain text, read in full here on John Shaqi.
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