[331]. Journal des Practische Heilkunst.
Memoires de Academie des Sciences. Ann. 1705. Histori, p. 52.
[332]. Dr. Gordon Smith relates a case in which an operation of this kind was performed with success. See his Principles of Forensic Medicine, p. 458.
[333]. Hamilton’s Outlines of Midwifery, p. 119.
[334]. Baillie’s Morbid Anatomy. Phil. Trans. vol. 91.
[335]. Denman’s Midwifery.
[336]. For the ancient distinctions of natural, spurious, and illegitimate children, see Taylor’s Civil Law, 270.
[337]. “It is now held that the husband’s being within the four seas, is not conclusive evidence of the legitimacy of the child, and it is left to a Jury to consider whether the husband had access to his wife. See 3 P. W. 275. 276; Pendrell and Pendrell, 2 Stra. 925. So evidence may be given, that the husband’s habit of body was such, as to make his having children an impossibility. Lomax v. Holmden, 2 Stra. 940: see also 1 Roll. Abr. 358; 1 Salk. 123. But the rule laid down by Lord Coke, was once generally received. In Jenk. c. 10. pl. 18. it is said “that if the husband be in Ireland for a year, and the wife in England during that time has issue, it is a bastard; but it seems otherwise now for Scotland, both being under one king, and make but one continent of land.” (Co. Litt. 244.) and see also Co. Litt. 126. n. 2. and authorities there quoted. Dr. Ridley’s view of the civil and ecclesiastical law, and the proceedings in the House of Lords 1811, on the Banbury Peerage, where this point was much discussed.”
[338]. In Cuthbert & Brown, Dublin C.P. 1821, an action was brought against the defendant for deceit, by inducing the plaintiff to marry a woman who was at that time pregnant.
[339]. In 1697 the Countess of Macclesfield declared the child with which she was then pregnant to have been begotten by the Earl of Rivers; in consequence of which confession, without any previous proceeding in the ecclesiastical court, an Act of Parliament was passed annulling the marriage and declaring the child with which she was enseint illegitimate: 9 & 10 Will. 3. c. 11. private Act.