[340]. See note 1 Bl. Com. p. 456.
[341]. The children of John of Gaunt, Duke of Lancaster, by Catherine Swinford, though born in adultery, he being then married, were legitimised by Act of Parliament in 1397; the Duke having married his mistress in the preceding year; see 9 Froisard’s Chron. 225.
[342]. See the case of Sergison & Sergison. 1820.
[343]. See the Journals of the House of Lords, and also Speeches and arguments &c. of the Lords of Session in Scotland in the Douglas trial. London, 1767.
[344]. For the Annesley trials, see 17 & 18 Howel. St. Tri. and Harg. St. Tri.
[345]. See Zacchii Questions Med. Leg. lib. 1. tit. 5. De similitudine et dissimilitudine Natorum.
Dr. Gregory, the late distinguished Professor of Edinburgh, used to relate to his class, in order to convince them of the resemblance which so generally exists between parents and children, that having been once called to a distant part of Scotland, to visit a rich nobleman, he discovered in the configuration of his nose, an exact resemblance to that of the Grand Chancellor of Scotland, in the reign of Charles the First, as represented in his portraits. On taking a walk through the village after dinner, the Doctor recognised the same form of nose in several individuals among the country people; and the nobleman’s steward, who accompanied him, informed him that all the persons he had seen were descended from the bastards of the Grand Chancellor.
[346]. Yet it is said that shepherds and others accustomed to the continual view and contemplation of animals, can discern as strong differences in their forms and features as in the human species, and can distinguish individuals accordingly.
[347]. It cannot however be denied that most astonishing likenesses sometimes exist between persons utterly unconnected by blood or habit, of this we shall have occasion to speak more fully when treating of personal Identity. The name of Douglas suggests a remarkable instance; Mr. Frank Douglas, a well-known man of fashion, was committed for highway robbery on the positive oath of one of the parties plundered, and very narrowly escaped conviction. On the apprehension of the notorious highwayman Page, the mystery was explained, the personal resemblance being so great, as to deceive all ordinary observation. See Part 3. of Personal Identity.
[348]. Harg. Coke Lit. p. 29. Chap. 4. Sec. 35.