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
It has been supposed that an experienced surgeon or midwife might be
able to determine whether a newly born infant was the child of a
particular woman, both being submitted to their examination; but this
mode of proof, fallacious as it must always be, can be of no possible
value, unless the investigation take place within a very few days of the
supposed delivery; and even then it goes no further than to determine
that the birth and delivery have been nearly cotemporaneous, a result
not inconsistent with the supposition that the infant is the child of
some other woman, and substituted for one dead, unhealthy, or of the sex
incapable of succession.
In ordinary cases this early inspection is not likely to take place, as
in the lifetime of both parents the heir presumptive seldom has a
summons to view proceedings; but in the case of a pregnant widow, and
especially where there has been a question _de ventre inspiciendo_, it
is otherwise, and it then becomes a point of duty in all parties, to
obtain the most satisfactory evidence.
A yet more important occasion occurs at the birth of princes; whose
entrances and exits are equally subject to question, whenever a disputed
succession or an impatient heir give rise to speculation. In England and
elsewhere precautions are taken which are as offensive to female
delicacy as they are ineffective to the demonstration of truth. The
chamber of a pregnant princess, at the moment when quiet is most
necessary, is crowded with officers of state and lords of the household;
yet we need not remind the reader of all the questions which have,
however foolishly, been raised on the supposititious births of princes;
for the evidence on the birth of Prince _Charles Edward_, see 12 _Howel.
St. Tri._ 123. We need only observe that imposition is best practised by
skilful jugglers in a crowd, and without disrespect to those learned and
reverend personages, we may doubt whether the Archbishop of Canterbury,
or the Lord High Chancellor, can be as effective at an _Accouchement_,
as the President of the College of Physicians, or the Master of the
College of Surgeons.
TENANT TO THE COURTESEY.
Whether a child, born under certain circumstances, was or was not born
alive, is a frequent and important question on the right of the father
to the tenant of the courtesey; and as it is naturally connected with
the doctrine of gestation, will be partly considered here, though the
external signs of incipient and independent vitality will be more fully
treated of under the head of Infanticide.
Public-domain text, read in full here on John Shaqi.
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