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Bastardy.
to apprehend the reputative Father, shall willingly or negligently
suffer him to
escape; or fine them. So such as by practice, &c.
shall cause the Mother
of the Child to be conveyed or sent away, or to run away, whereby
she leaveth her Child to the charge of the Town, &c. |
Chap. 11. |
§. 1.
Two Justices. |
Two Justices of Peace (one being of the Quorum)
in or next to the
limits where the Parish-church is, in which Parish any Bastard-child (begotten
and born out of lawful Matrimony) shall be born, upon Examination
of the cause and circumstances, shall and may take order by their
discretion as well for the relief of the Parish (in part, or in all) and
keeping
of the Child, (by charging the Mother or reputed Father with the
payment of Mony weekly, or other relief,) as also for the punishment of
the Mother and reputed Father. 21 Jac. c.28. & 2 Caroli
5. |
19 El. c.3.
P. 2. |
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But such a Bastard-child must be one that is left
to be kept at the charge
of the Parish, or one likely to be (or which may be) chargeable to
the
Parish. See the Stat. of 18 Eliz. and the Stat. 7. Jac.cap.4. |
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Where Sessions
may
make an
Order. |
The Justices of the Peace in Sessions could not
before the Statute of
3 Car. 1.c.4. meddle with the settlement of, or provision for a
Bastard-Child,
according to 18 Eliz. c.3. until the two next Justices had
made some
order therein, and after such order made by the two next Justices, the
Sessions might proceed therein to make a new order; but now by 3
Car. 1.
cap.4. the Justices in Sessions have power originally to make an Order
therein. |
Cro. 13.
Ca. p. 337.
Slaters
Case.
18 E. 3.
3 Car. 4. |
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And if the two next Justices of Peace make an
Order according to 18
Eliz. c.3. and the party appeals from that Order to the next Sessions,
and
they alter, or discharge, or confirm that Order, any other Sessions cannot
order any thing contrary thereto; for the Order upon the Appeal is
small, as in Appeal upon the Statute of Charitable Uses, and the Statute
of 3 Car. 4. That giving authority to Justices of Peace in
Sessions,
is to be understood where the next Justices have made no Order therein. |
H. 9.c.
Cr. p. 248.
& 225.
Pridgions
Case.
3 Car. 4.
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| Appeal. |
A Man is charged to be the reputed Father of
a Bastard, by Order of
two Justices, he appeals to the Sessions, and prays a day to another Sessions
to bring in his Proofs, besides giving day, nothing is done; and if the
Court might hear him, and give relief at another Sessions, was the
doubt;
and it was referred to the Justices of Assize. And Walter, Chief
Baron,
upon consideration of the Statute of 18 Eliz. Resolved, That the
next
Sessions after, the two Justices Order must relief him, or none else could.
Gittens and Edward Case. Summer Assize in Sar.
5 car. And so it was
resolved B. R. Mich. 6 Car. 1. In Smiths Case against
the Parish of Blackthorne,
in Com. Oxon. |
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The reputed Father, by the Law of God, was unto
the Maids Father
fifty shekels of Silver, and he also was to take her to Wife.
Exod. 22.16. and
Deut. 22.28, 29. wherewith agreeth the Canon 67, Apostol.
Quam quis
violaverit virginem, ducat in uxorem. |
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|
If the two Justices cannot agree upon their Order,
what is then to be
done, see Hic antea, c.6. But by some opinions the words of
this Statute being
disjunctiye) two Justices of Peace in or next to the limits, &c. if
the two
Justices of the Peace in that division or limits cannot agree, then the
two Justices
of Peace, next to that division or limits, (being in the same County, and
one of them of the Quorum) have power to take order therein. |
7 Jac. 5. |
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Also it seemeth the Mother may be examined upon
Oath concerning the
reputed Father and of the tipe, and other circumstances; for that in this
case, the matter and trial thereof dependeth chiefly upon the Examination
and Testimony of the Mother. Vide hic cap. 66. & Lamb.
512. |
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