Page:Medical jurisprudence (IA medicaljurisprud03pari).pdf/432

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

verted to are in Co. Litt. 123. b. and are in these words. "It was found by verdict, that Henry the son of Beatrice, which was the wife of Robert Radwell deceased, was born per undecim dies post ultimum tempus legitimum mulieribus constitutum. And therefore it was adjudged, quòd dictus Henricus dici non debet filius prædicti Roberti secundùm legem et consuetudinem Angliæ constitutus. Now legitimum tempus in that case appointed by law at the furthest is nine months or forty weeks: but she may be delivered before that time. Which judgment I thought good to mention. And this agreeth with that in Esdras: Vade et interroga prægnantem si quando impleverit novem menses suos, adhuc poterit matrix ejus retinere partum in semetipsâ? et dixi non potest, Domine." In the margin of the last passage of this extract from Co. Litt. 123. b. there is a reference to 4 Esdras 4. 41. and Panciroll. Nova Reporta, pag. 485, &c.

These two extracts from Co. Litt. 8. a. and 123. b. are here given as an introduction to the following article, which consists of two notes by the author in the first part of the 13th edition of the Coke upon Littleton, being the author's part of that edition, and the first attempt at editing that ever to be valued work with notes.—Both the notes are on the second of the two preceding extracts from the Coke upon Littleton.—The first of the two notes chiefly relates, to the special case of a widow's marrying a second husband, and being delivered of a child so soon after the death of her first husband, as to raise a doubt, which of the two husbands should be considered as the father: and so far such note applies as well to the case so put in Co. Litt. 8. a. from the year-book of 21 E. 3. 39. as to the case in 18 E. 1. so stated in Co. Litt. 123. b. from the king's bench record of that year.—The second of the two notes relates to the general point as to the ultimate legitimate time for a woman's parturition.

Further as to the following article, it is proper to apprize the reader, that, exclusively of what is now added by