Alsop v Bowtrell

JurisdictionEngland & Wales
Judgment Date01 January 1791
Date01 January 1791
CourtCourt of the King's Bench

English Reports Citation: 79 E.R. 464

IN THE KING'S BENCH.

Alsop against Bowtrell

464 MICHAELMAS TERM, 17 JAC. 1. IN B. R. CRO. JAC. B. [541] michaelmas term. 17 Jac. 1. In the King's Bench. Sir Edward Montague, Knt., Chief Justice. Sir John Croke, Knt., Sir John Doderidge, Knt., Sir Robert Houghton, Knt., Justices. Sir Henry Yelverton, Knt., Attorney General. Sir Thomas Coventry, Knt., Solicitor General. case 1. alsop against bowtrell. A child born forty weeks and nine days, after the death of its mother's husband, shall be considered legitimate. Co. Lit, 123. b. 129. a. note (2). 244. a. 1 Roll. Abr. 357. 359. 536. Salk. 122. 484. 5 Mod. 420. Strange, 925. 940. 1076. B. R. H. 79. 1 Wils. 340. Palmer, 9, 10. Godb. 281. Post. 685. Winch. 71. Lit. Rep. 177. 1 Com. Dig. 580. 1 Bl. Com. 456. Salk. 120. Margrave's Co. Lit. 124. b. notes (1) and (2). And. 244. a. Cowp. 591. Bull. N. P. 114. Stra. 925. Cohabitation and the certificate of a minister abroad evidence of marriage. Ejectment for lands in Munden, in the county of Hertford. The question was, upon evidence of the jury, whether Edmund Andrews, dying the twenty-third day of March, in the year 1G10, and Anne his wife being privatement enseint, but nob delivered until 5th January in the year 1611 (which was forty weeks and nine days, and then delivered of a daughter named Elizabeth), shall be reputed the father to the said Elizabeth, or that she were a bastard : for it was proved that he fell sick upon the twenty-second day of March, and died the day following of the plague ; and that Edmund Andrews (father of the said Edmund who was dead), in malice to his son's wife, did much abuse her, and caused her to be dislodged from places where she was harboured, and to lie in the cold streets; and that she was so used for six weeks together before her travail; and she being brought into a woman's house who commiserated her case, having warmth and sustenance, was delivered presently within twenty-four hours of the said Elizabeth : and this being proved, and this misusage, by five women of good credit, and two doctors of physic, viz. Sir William Baddy and Doctor Munford, and one Chamberlaine (who was a physician, and in nature of a midwife), upon their oath, they affirming that the child came in time convenient to be the daughter of the party who died ; and that the usual time for a woman to go with child was nine months and ten days, viz. menses solares, that is thirty days to the month, and not metises...

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2 books & journal articles
  • A Historical Overview of the Mental Health Expert in England Until the Nineteenth Century
    • South Africa
    • Fundamina No. , January 2022
    • 1 January 2022
    ...1998: 449. Eigen & Andoll 1986: 165 only refer to three specialities, and exclude midwifery. 110 Alsop v Bowtrell (1619) Cro Jac 541, 79 ER 464. 111 Dwyer 2007: 98. © Juta and Company (Pty) CHAZANNE GROBLER14https://doi.org/10.47348/FUND/v27/i1a1white arsenic.112 The medical expert in that ......
  • A Historical Overview of the Mental Health Expert in England Until the Nineteenth Century
    • South Africa
    • Fundamina No. , January 2022
    • 1 January 2022
    ...1998: 449. Eigen & Andoll 1986: 165 only refer to three specialities, and exclude midwifery. 110 Alsop v Bowtrell (1619) Cro Jac 541, 79 ER 464. 111 Dwyer 2007: 98. © Juta and Company (Pty) Ltd CHAZANNE GROBLER14https://doi.org/10.47348/FUND/v27/i1a1white arsenic.112 The medical expert in t......

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