Bastard (Law of England and Wales)
 |
This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (April 2007) |
A bastard (also called whoreson) in the law of England and Wales is a person whose parents, at the time of his/her birth, were not married to each other.
Unlike in many other systems of law, there was previously no possibility of post factum legitimisation of a bastard. This situation was changed in 1926.
Contents |
[edit] Etymology
The word bastard is from the Old French "bastard," which in turn was from medieval Latin "bastardus." According to some sources, "bastardus" may have come from the word "bastum," which means packsaddle,[1] the connection possibly being the idea that a bastard might be the child of a passing traveller (who would have a packsaddle). In support of this is the Old French phrase "fils de bast" loosely meaning "child of the saddle," which had a similar meaning.[1]
[edit] Common law origin
Bastardy was not a status, like villeinage, but the fact of being a bastard had a number of legal effects on an individual.
One exception to the general principle that a bastard could not inherit occurred when the eldest son (who would otherwise be heir) was born a bastard but the second son was born after the parents were married.
The Provisions of Merton 1235 (20 Hen. 3 c. IX), otherwise known as the Special Bastardy Act 1235, provided that except in the case of real actions the fact of bastardy could be proved by trial by jury, rather than necessitating a bishop's certificate.
[edit] Reform
Post-hoc legitimisation was introduced under the Legitimacy Act 1926 (16 & 17 Geo. 5 c. 60) and the Family Law Reform Act 1969 (c. 46) allowed a bastard to inherit on the intestacy of his parents.
[edit] In Medieval Wales
In Medieval Wales, prior to its conquest by and incorporation in England, a "bastard" was defined solely as a child not acknowledged by his father. All children acknowledged by a father, whether born in or out of wedlock, had equal legal rights including the right to share in the father's inheritance. This legal difference between Wales and England is often referred to in the well-known "Brother Cadfael" series of Medieval detective mysteries, and provides the solution to the mystery in one of them.
[edit] Notes
- ^ a b "Bastard". World Dictionary. Oxford University Press. http://oxforddictionaries.com/definition/bastard. Retrieved 12 September 2011.
[edit] See also
[edit] References
- William Blackstone, Commentaries on the Laws of England, York City, Legal Publish Press, 1960.
- Given-Wilson C. & Curteis A., The Royal Bastards of Medieval England, London, 1984
[edit] External links
|
|||||||||||||||||
