| Chap. 11. |
Bastardy.
1. A man convicted of common Barretry shall
be punished by Fine and
Imprisonment, and may be bound to the good Behaviour, 34 E. 3.c.1. |
39
§. 5.
Punishment. |
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2. An Indictment was Communis Barrector,
where it should have been
Barrectat', and quashed for that fault, &c. 20 Jac. Alport's
Case. |
§. 6.
Indictment. |
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3. And although Barretry be an offence
of a complex nature made up of
several acts; yet a place must be laid where the offence was committed
for the
necessity of tryal. Rolls rep. 1 part p. 295. The King
against Wells. |
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4. Barretry is of a mixt nature, and the
Justices of Peace cannot take
and Indictment and Fine, and punish the Offender barely by virtue of the
Commission of the Peace, but in respect of the clause therein to hear and
determine Felonies, &c. And a Case was H. 17 Jac. Where
a man being
indicted of Barretry at the Sessions, brought a Certiorari, and
an Indictment
was certified capta coram, &c. Justic. Dom. Regis ad pacem, but
necnon
ad diversa, &c. was left out, and for that cause the Certiorari
was quashed.
Rolls rep. 2. part p. 151. |
§. 7.
Certiorari. |
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5. Suing one in anothers name is a species
of Barretry, and thereby 8 El.
c.2. He that causeth or procureth another to be arrested or attached
in any
action at the Suit, or in the name of another, where there is no such person
known, or without his consent, upon conviction by two Witnesses, shall
be imprisoned
six Months without Bail, and before delivery shall pay Ten pounds
with treble costs and damages to the party, to be recovered by Action of
debt,
&c. in any Court of Record.
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§. 8.
Suing in
anothers
name. |
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CHAP. XI.
Bastardy.
BAstardus est qui nasciturante matrimonium, Co.
L. 243. It cometh of
the French word Bastard, i. e. Nothus; and yet Bastardus
est triplex;
Manser, incestuose natus, Co. L. 244. Nothus, naus ex patre
nobili, & matre
ignobili, sc. Concubina; Spurius, natus ex matre nobili, & patre
ingnobili.
A Bastard is Terræ filius, though his Mother be known.
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§. 1. |
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Cui pater est populus, pater
est fibi nullus & Omnis.
Cui pater est populus, non habet
ille patrem.
Much more of Foundlings, where neither Father nor Mother are known. |
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Lam. 122.
Crom. 196. |
Every Justice of Peace (upon his discretion) as
it seemeth may bind
to the good Behaviour him that is charged or suspected to have begotten
a
Bastard-child, to the end that he may be forth-coming when the Child
be born; otherwise there will be no putative Father, when the two Justices
(after the birth of the Child) shall come to take order according to the
Statute of 18 El.c.3. The like may be done after the birth
of the Child,
and before such order taken. |
§. 2. |
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Also if the putative Father of any such Child, either
before the birth
of the Child or after, shall, by any perswasion, procurement or other practice,
be conveyed or sent away, or shall run away, so as the Justice of
Peace cannot come by him, or so as the Order of the Justices, by means
thereof, shall not be performed; it seemeth every Justice of Peace
upon his
discretion, may bind to the good Behaviour, and so over to the next general
Gaol-delivery, (before the Judges of Assize) or to the next Quarter
Sessions, such as shall have any hand in such practice, &c. And
such Offenders
may by the discretion of the Justices, (at their General Sessions) be
ordered to contribute towards the maintenance of the said Bastard-child.
And so of Constables, which having received a Warrant from the Justice |
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