Medical Jurisprudence, Volume 3 (of 3)Paris, John Ayrton
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Medical Jurisprudence, Volume 3 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
But in a subsequent part of his commentary, Lord Coke brings forward an
adjudged case of 18 E. 1. which materially involved considering what was
the limit to the time for a woman’s parturition, and for which he refers
to _Trin._ 18 _E._ 1. _Rot._ 61. _Bedford coram rege_; and so Lord Coke
was led to giving his own idea of the latest legitimate time _pariendi_
for women. The passages here meant to be adverted to are in Co. Litt.
123. b. and are in these words. “It was found by verdict, that Henry the
son of Beatrice, which was the wife of Robert Radwell deceased, was born
_per undecim dies post ultimum tempus legitimum mulieribus constitutum_.
And therefore it was adjudged, _quòd dictus Henricus dici non debet
filius prædicti Roberti secundùm legem et consuetudinem Angliæ
constitutus_. Now _legitimum tempus_ in that case appointed by law at
the furthest is nine months or forty weeks: but she may be delivered
before that time. Which judgment I thought good to mention. And this
agreeth with that in Esdras: _Vade et interroga prægnantem si quando
impleverit novem menses suos, adhuc poterit matrix ejus retinere partum
in semetipsâ? et dixi non potest, Domine_.” In the margin of the last
passage of this extract from Co. Litt. 123. b. there is a reference to 4
Esdras 4. 41. and Panciroll. Nova Reporta, pag. 485, &c.
These two extracts from Co. Litt. 8. a. and 123. b. are here given as an
introduction to the following article, which consists of two notes by
the author in the first part of the 13th edition of the Coke upon
Littleton, being the author’s part of that edition, and the first
attempt at editing that ever to be valued work with notes.—Both the
notes are on the second of the two preceding extracts from the Coke upon
Littleton.—The first of the two notes chiefly relates, to the special
case of a widow’s marrying a second husband, and being delivered of a
child so soon after the death of her first husband, as to raise a doubt,
which of the two husbands should be considered as the father: and so far
such note applies as well to the case so put in Co. Litt. 8. a. from the
year-book of 21 E. 3. 39. as to the case in 18 E. 1. so stated in Co.
Litt. 123. b. from the king’s bench record of that year.—The second of
the two notes relates to the general point as to the ultimate legitimate
time for a woman’s parturition.
Further as to the following article, it is proper to apprize the reader,
that, exclusively of what is now added by note at the bottom of the
page, it was first published about 30 years ago.]
-------
TWO NOTES, &c.
I. _Note as to Lord Coke’s cited Legitimacy Case of Radwell, in 18 E.
1._
Lord Hale, in a manuscript note about legitimacy in Co. Litt. fol. 8. a.
gives a fuller extract of this case of 18. E. 1. from the record than is
here expressed. His words are these.
Public-domain text, read in full here on John Shaqi.
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