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
However the two last particulars, in which Lord Coke differs from Lord
Hale, still remain, to which Rolle adds these further circumstances:
namely,—that the _husband languished of a fever a long time before his
death_;—that on the taking of an inquisition afterwards in the court of
a lord, of whom he held lands by knight’s service, _the wife swore she
was not pregnant_, and to prove it uncovered herself in open court;—and
that, in consequence of all this, the lord received a _collateral_
relation as heir. The words describing the wife’s exposure of her person
are remarkable; for the record states, that she, being interrogated,
_juramento asserebat, se non esse prægnantem; et, ut hoc omnibus
manifestè liqueret, vestes suas ad tunicam exuebat, et in plená curiá
sic se videri permisit_. 1 Ro. Abr. 356. pl. 3. and 18 E. 1. rot. 13. in
B. R. there cited. It reflects great discredit, on the lord’s court,
which permitted such a gross indecency; and still more on the king’s
judges, who suffered it to be recorded as one of the grounds for a
verdict before them. How laudably contrariant is the proceeding on the
writ _de ventre inspiciendo_? This remedy for the heir against the
pretence of pregnancy, so well known to be of earlier date than the
reign of Edward the first, as it was framed in the times of Bracton,
Britton, and Fleta, delicately requires the widow to be inspected by a
jury _of her own sex_; and though in subsequent times the sheriff was
ordered to summon a jury composed both of men and women, yet still the
_search_ was to be made by the latter only. Bract. 69. a. Brit. 165. b.
Flet. lib 1. c. 15. Reg. Br. Orig. 227. a. What harsh ideas of the times
might we be led to adopt, if the early introduction of the writ _de
ventre inspiciendo_ did not demonstrate, that the unseemly record we are
observing upon was a _singularity_, and so many other testimonies of a
more advanced refinement in judicial proceedings did not concur to
rescue the age of our English Justinian from the suspicion of a _general
practice_ of such barbarism!
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