| Chap. 11. |
Bastardy.
By the Stat. 7 Jac. it appeareth that the
Justice of Peace shall not commit
such leud Woman to the House of Correction, there to be punished,
&c. And therefore quære if the Justices of Peace may not
punish (by
corporal punishment) the Mother by force of this Statute of 18 Eliz.
3.
and then send them to the House of Correction: For the Rule of Law
is,
Nemo debet bis puniri pro uno delicto; and the Divine faith, Deus
non agit
bis in idipsum. Co. 4.43, & 8 118. |
41 |
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But such corporal punishment or Commitment to the
House of Correction,
is not to be until after that the Woman is delivered of her Child,
neither are the Justices of Peace to meddle with the Woman until that
the Child be born, (and she strong again) lest the Woman being weak, the
Child wherewith she is, happen to miscarry: For you shall find that
about
31 Eliz. a Woman great with Child, and suspected for Incontinency
was
commanded (by the Masters of Bridewell in London) to be whipped
there,
by reason whereof she travelled, and was delivered of her Child before
her time, &c. And for this the said Masters of Bridewell
were in the Star-Chamber
fined to the Queen at a great Sum, and were farther ordered to
pay a sum of Mony to the said Woman. |
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And as for the reputed Father, the two Justices
shall do well, (as I conceive)
if he be of ability, to charge him more deeply; which if he refuse,
then with punishment according to the Statute of 18 Eliz.
See for this
purpose an Order in such case here, Chap. 121. And if the
reputed Father be
of small ability, and shall not find friends to yield some reasonable allowance,
then to undergo the more punishment. |
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18 Eliz. 3.
P. 1. |
After such Order by two such Justices subscribed
under their hands, if
the said Mother or reputed Father, upon notice thereof, shall not perform
the said Order, then such person so making default shall be committed to
the Gaol, there to remain without Bail or Mainprize; except such parties
shall put in sufficient Sureties to perform the same Order, or else personally
to appear at the next General Sessions of the Peace in that County, and
to
abide such Order as the Justices of Peace, or the more part of them, then
and there shall take in that behalf, (if they shall take any) or in default
thereof, then to abide and perform the Order before made. |
§. 5. |
|
Nota que Enfant nee per 11 dies post ultimum
tempus lefitimum mulieribus
constitutum, (sc. post 40 Semains apres mort son Pere,)
ne serra adjudge
legitimum puerum, &c. Co. L. 123.2. Esd. 4.40, 41.
Et issint semble de Enfant
nee apres 40 Semains del temps que Feme charge Home dave carnal
Conusance de luy, tiel Enfant ne serra adjudge ne reput destre le issue
de tiel
Home. |
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| 7 Jac. 4. |
Every leud Woman which shall have a Bastard which
may be chargeable
to the Parish, the Justices of Peace shall commit such Woman unto the
House of Correction, there to be punished daily, for therefore she is sent
thither, (as I conceive) and set on work for one year, and to live of her
own labour; and if she shall estsoons offend again, then to be committed
to
the House of Correction, as aforesaid, and there to remain until she can
put
in good Sureties for her good Behaviour not to offend so again. See c.118. |
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Now it seemeth that such Commitment to the House
of Correction
ought to be by two Justices at the least, (by the words of this Statute;)
and then by the conference of these two Statutes (of 18 Eliz. and
7 Jac.)
it seemeth fittest for the two next Justices authorised by 18 Eliz. |
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It seemeth also (by the words of this St. 7 Jac)
that such a Woman shall
not be sent to the house of Correction until after the child be born, and
that
it be living; for it must be such a child as may be chargeable to the Parish. |
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Also it seemeth that such a Bastard child is not
to be sent with the Mother |
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E 3
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