Page:An introduction to Roman-Dutch law.djvu/70

 30 the institution itself has passed out of use. If a widow so far forgets herself as to remarry within the period of mourning and issue is born which may be attributed to either father, it is presumed to be the child of the second husband.

A bastard has no lawful father and therefore no rights of succession ex parte paterna. But with the mother it is different; for ‘eene moeder maakt geen bastaard’, and therefore her illegitimate issue succeeds to her and to her blood relations. Such was the opinion of Grotius, though, as regards these last, Van der Linden inclines to a contrary view.

Illegitimate issue may be legitimated: (1) by subsequent marriage; (2) by an act of grace on the part of the Sovereign. The first of these modes alone obtains at the present day. Children born in adultery or incest (which extends to all the prohibited degrees) are incapable of legitimation by subsequent marriage.