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the child is born in lawful matrimo. was held to be a bastard. ny for the purpose of these acts, therefore, there arises a natural im. and whether a child born in adul- possibility, from the circumstances tery is a child which these acts had of his bad bealth, a hodily impossi. in contemplation as much as bas-bility, during the period of matri. tards under other circumstances? mony, which rendered access imposand this we think is the true con- sible, it has been held that the issue struction of these acts.

was illegitimate. Now there is no Then the question is, whether doubt thrown upon this case, either the return of the husband within any in the original text of Coke and limited time before the period of Littleton, 123, or in the notes gestation is expired, does or does where that subject is very ably not cast upon him the character of treated by the gentleman to whom father of that child incontrovertibly, the public is indebted for the last according to the law of this coun. edition of that work. In addition try ? This is an important question; to the improbability arising from and as th has been something bodily infirmity it is further stated, said about the novelty of some of 66 and because it is found that the the doctrines to be advanced, one said H. was born eleven days after would be extremely sorry, not to 40 weeks, which is the time usual find oneself warranted by ancient for women; and from this, that the authorities. Now in Roll's Abridge. said R. had not access to the said ment, 358, where the most ancient Beatrice for one month before his authorities from the Year-books are death, it is presumed that the said cited, it is stated in the text that, H. is a bastard.” The record then “ by the law of the land, no man goes on to find for the plaintiff. It born after espousals can be a bas- therefore appears to be considered tard, unless for special matter." as material to go into evidence, This exception is engrafted upon to shew the natural impossibility the rule, and the first special matter of his being the son of the husband; is exactly what in fact occurs here, and in confirmation of this there where there is a naturalimpossibility is a nota bene, that the husband that the husband should be the fa- languished of a fever a long time ther of the issue. As where there before his death; so that not only is a natural impossibility from his the length of time, but a further being under the age which renders bodily impediment, was considered procreation possible, as where he is to be material.

A child being eight or nine years old. And born in marriage is not suffcient to there is a case in the Year-books, render him legitimate, where any where the husband was only under material impossibility occurs from fourteen years of age.

But that which the presumption of legitimacy is not the only instance: There is may be repelled. the case of Foxcroft, 10 Edw. 1. taking no notice of the presumpwhere the first husband was ill a tion that marriage proves legitima month before his death, and had cy, “And this presumption shall no access to his wife, and after- always hold until the contrary is wards the child being born within proved; as, for instance, where the forty weeks and eleven days, it husband is proved not to have consor

ted

a

Britton says,

tedcmcuhuisse, for a given time with somption that the husband is the his wife, to have been incapacitated father, will be in boitely strong, en. by infirmity or other casse, or less there is an evident and clear that he was in sech ill health that impossibility that he is not. I he conld not be the father, ut gene. therefore contend, that in addition TMIC MON PORN."

to the cases put of impaberty and In another passage, he seems to infirmity, which last is rather an consider certain cases of improba. improbability than otherwise, we bility. I think, therefore, upon may repel the presumption of legiti. these anthorities, that if a founda. macy by evidence of non-access tion is laid that there is a natural doring the greater part of the actual impossibility arising from aze, or period of gestation. As to the case from infirroity of health, or arising of the queen s. Murray, lord Hardlikewise from non-acce.s, that the hus. wicke repudiates the doctrine that band should be parest of the child, the non-acces must continue during then the illegitimacy of a child bom the whole period, and gires no atrer espousals may be proved. If, coantenance to it. Without there. then, any circumstances can be re- fore, disturbing any of the rules of sorted to for proof of impossibility, evidence upon this most important we may certainly refer to such a subject, and without weakening natural cause as will not embark any of the bonds of marriage, we into it any question of nice proba. think that the presumption that all bility, but which involves an abso. children born in marriage are legi. lute impossibility of the husband timate, may be shewn to be contra. being the father. It is so in the pre- ry to fact. I do not mean in cases sent case, It may be said, that of marriage arising after a gestawe may be driven to nice proof of tion commenced, but as to children physical improbability. But that born after non access.—The order Beter deed be so; because the pre. affirmed.

EPITAPH
Oz e VOXUMENT lately erected in HORSLEY-Down CHURCH, in

CUMBERLAND.

6 Herelie the bodies
Of Thomas Bond and Ilary his wife.
She was temperate, chaste, and charitable;

BUT
She was proud, peerish, and passionate.
She was an affectionate wife, and a tender mother;

BUT
Her husband and child, whom she loved,
Seldom saw her countenance without a disgusting frown,
Whilst she received visitors, whom she despised, with an endearing smile.
Her behaviour was discreet towards strangers;

BOT

Imprudent in her family.
Abroad, her conduct was influenced by good breeding ;

BUT BUT

At home, by ill-temper.
She was a professed enemy to flattery,
And was seldom known to praise or commend;

BUT

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The talents in which she principally excelled,
Were difference of opinion, and discovering llaws and imperfections.

She was an admirable economist,

And, without prodigality,
Dispensed plenty to every person in her family;

BUT

Would sacrifice their eyes to a farthing candle.
She sometimes made her husband happy with her good qualities;

BUT

Much more frequently miserable—with her many failings :
Insomuch that in thirty years cohabitation he often lamented

That, maugre all her virtues,
Ile had not, in the whole, enjoyed two years of watrimonial comfort.

AT LENGTH

Finding that she had lost the affections of her husband,

As well as the regard of her neighbours,
Family disputes having been divulged by servants,
She died of vexation, July 20, 1768,

Aged 48 years.
Her worn-out husband survived her four months and two days,

And departed this life Nov. 28, 1768,

In the 54th year of his age.
William Bond, brother to the deceased, erected this stone,
As a weekly monitor to the surviving wives of this parish,

That they may avoid the infamy
Or having their memories handed to posterity

With a patch-work character.”

son.

24. The countess of Enniskillen,

a son and beir. BIRTHS in the Year 1807.

25. Mrs. W. B. Ellis, of Pick.

worth, two sons and a daughter. Jan. 1. The lady of Johu Paine 29. The right hun. lady Grey, a Tudway, es4. a daughter.

3. The right hon. viscountess An- Feb. 2. Her grace the duchess of son, a daughter.

Montrose, a son. 15. Viscountess Templetown,a son. 3. The lady of the hou. sir Ar

16. The bady of Charles Wat- thur Wellesley, a son and heir. kin Williams Wynne, esq. M. P. 8. The lady of sir John Trol. a daughter.

lope, a daughter. The right hon, marchioness Corn. 10. Ker grace the duchess of wallis, a daughter.

Bedford, a son.

13. The

SON.

SOD.

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13. The right hon, the countess 30. Viscountess Ashbrooke, a of Moira, a son.

daughter. March 8. Lady Graves, a daughter. Aug. 5. Right bon. lady Le De.

10. The right hon, lady Am- spenser, a son. herst, a son.

9. Right hon. viscountess ArbuthThe right hon. viseountess Ban- not, a daughter. try, a son.

The lady of Francis Freeling, esq. Viscountess Fitzharris, a son. a son.

April 3. The right hon. vis- 11. Lady C. Lamb, a son. countess Andover, a daughter. 22. Lady Caroline Wrottesley,

Countess Conyngham, a son.
Lady Danboyne, a son.

Lady Grantham, a son and heir. 27. Lady Gertrude Sloane, a son. Sept. 3. The lady of sir Walter 30. The right hon.

countess Brisco, a son. Berkeley, a daughter.

Lady Mary Hay, a daughter. May 2. Lady Stanley, a daugh- 11. The right hon. viscountess ter.

Stuart, a son and heir. 5.Lady Ano Ashley Cooper,a son. Lady Charlotte Hope, a son. 7. Lady Jane Buchanan, a son. The right hon. countess of Shan. 10. Lady Catharine Forester, a pon, a daughter.

23. The lady of sir S. R. Glynne, 17. The lady of the right hor. a son. Spencer Perceval, a son.

25. Lady Ancram, a daughter. 21. Her grace the duchess of Oct. 4. Hon. Mrs. Buchanan, a Castries, a son

daughter. 26. The right hon, lady Kenyon, a 16. Lady Charlotte Drummond, a daughter.

The lady of sir George Barlow, a 20. The countess of Dalhousie, a SOD.

son. 28. Mrs. D. Cameron, two 24. Lady Foley, a daughter. daughters and a son.

29. Lady Frances Bentinck,a son, June 16. Right hon. countess Nov. 4. The lady of sir Chri:Banbury, a daughter.

topher Baynes, a son. 21. The

queen

of Sweden a 6. Lady Caroline Douglas, a princess.

daughter. Countess Barde, a son.

8. Marchioness of Waterford, a 26. Her grace the "duchess of daughter. Rutland, a son and heir.

16. Lady C. Duncombe, a daugh. July 4. The hon. Mrs. Ramsay, ter. a daughter.

19. Right hon. viscountess Here. 8. The right hon. countess of ford, a son and heir. Northesk, a son.

25. The lady of sir William 12. Right hon. lady Milton, a Fraser, a daughter ; her sixteenth

a daughter.

child. 18. The right hon, the countess Dec. 1. The lady of sir Wm. Mansfield, a danghter.

Call, bart. a daughter. Right hon, viscountess Marsbam, 5. The lady of sir George Nu. a daughter

gent, a son.

son

9. The lady of sir James Duff, a 30. S. T. Gallon, esq. to miss daughter.

Darwin. 13. The lady of sir T. S. M. April 4. William Phillimore, esq. Stanley, a daughter.

to miss Thornton. 23. The right hon. countess of 13. Major Fraser, to miss Ro. Galloway, a son.

land. 27. The lady of William Henry 17. The hon. G. Ponsonby, to Hoare, esq. a son.

miss Gledstanes. 30. The lady of Rowland Bar. 23. R. Stephenson, esq. to miss don, esq. a daughter.

Stephenson. The lady of sir Arthur Welleslcy, 27. Hon. George Wynn, to miss K. B. a son.

E. M, Majendic.

29. E. D. Temple, esq. to miss

Honeywood. MARRIAGES in the Year 1807.

May 1. Robert Heathcote, esq.

to miss Searle. Jan. 1. Robert Paley, M. D.

5. The hon. colonel Crewe, to of Halifax, to miss Paley.

miss Hungarford. 8. Marmaduke Constable, esq.

8. Robert Fraser, esq. to lady to miss Octavia Hale.

Ann Maitland. 13. John Lees, esq. to the coun- 10. The right hon. viscount tesg Anversley.

Chartley, to miss Gardiner. 20. The hon. col. Ponsonby, to 19. Rev. J. Bayland, to miss the hon. miss Fitzroy.

Clarke. Henry Hallam, esq. to miss Elton.

22. D. R. Remington, esq. to 24. G. L. Hollidsworth, esq. to miss Copland. miss Stokes,

23. Robert Townley, esq. to Feb. 3. Robert Inglis, esq. to miss Newing. miss Biscoe.

June 1. The right rev. lord Ro. 5. Sir Daniel Le Fleming, bart. bert Tottenham, bishop of Killaloe, to miss Le Fleming.

to the hon. Alicia Maude. 10. W. H. Hoare, esq. to miss

4. Richard Chambers, esq. to Noel.

miss Harriet Newman. The bon. and rev. John Taylor, 9. Col. Aylmer, to miss Harri. to miss St. Leger.

17. The right hon, lord Bagot, 11 John Thornton, esq. to miss to lady Louisa Legge.

Eliza Parry. 18. T. Paget, esq. to miss Pares. 17. Rev. Alexander Cotton, to March 9. E. B. Lusada, esq. to miss Houblon. piss Goldsmid.

28. Henry Drummond, esq. to Hon. Henry Augustus Dillon, to lady Henrietta Hay. miss Brown.

July 1. Rev. Herbert Marsh, to 10. Charles Combe, esq. to miss miss M. E, C, Lecarriere. P. Georges.

8. Hon. F. G. Upton, to miss 17. Capt. Stuart, to miss Anson. Howard.

18. Philip Gibbs, esq. to miss 13. Hon. L. M. Burnel, to miss Knipe.

Daniell

16. Hon.

son.

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