Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/473

 Ch. 16. than ordinarily legitimate; for he may, when he arrives to years of dicretion, chooe which of the fathers he pleaes. To prevent this, among other inconveniences, the civil law ordained that no widow hould marry infra annum luctus ; a rule which obtained o early as the reign of Augutus, if not of Romulus: and the ame contitution was probably handed down to our early ancetors from the Romans, during their tay in this iland; for we find it etablihed under the Saxon and Danih governments.

batards may be born before the coverture or marriage tate is begun, or after it is determined, o alo children born during wedlock may in ome circumtances be batards. As if the huband be out of the kingdom of England (or, as the law omewhat looely phraes it, extra quatuor maria) for above nine months, o that no acces to his wife can be preumed, her iue during that period hall be batard. But, generally, during the coverture acces of the huband hall be preumed, unles the contrary can be hewn ; which is uch a negative as can only be proved by hewing him to be elewhere: for the general rule is, praeumitur pro legitimatione. In a divorce a mena et thoro, if the wife breeds children they are batards; for the law will preume the huband and wife conformable to the entence of eparation, unles acces be proved: but, in a voluntary eparation by agreement, the law will uppoe acces, unles the negative be hewn. So alo if there is an apparent impoibility of procreation on the part of the huband, as if he be only eight years old, or the like, there the iue of the wife hall be batard. Likewie, in cae of divorce in the piritual court a vinculo matrimonii, all the iue born during the coverture are batards ; becaue uch divorce is always upon ome caue, that rendered the marriage unlawful and null from the beginning. Rh