7 §4 BAST 
is exprefsly provided that, n It (hall not be lawful for the 
juftice to fend for any woman before fhe (hall be delivered, 
cr for a month after, in order to be examined concerning 
t her pregnancy ; or to compel any woman before her deli¬ 
very to anfwer any queftion relating to her pregnancy.” 
By flat. 13 Geo. III. c. 8z, baftards born in any licenfed 
hofpital for pregnant women, are fettled in the parifhes to 
which their mothers belong. And the like provifion is 
made by flat. 20 Geo. Ill. c. 36, as to baftards born in 
houfes of induftry. 
The putative father of a baftard, although no legal re- 
iationlhip fubfifts between them, is fo far confidered as its 
natural guardian, as'to be intitled to the cuftody of it, for 
its maintenance and education. 2 Stra. 1162; and there¬ 
fore while under his care and protection, and not likely 
to become chargeable to the pariffi, the parilh officers have 
no concern with it. 1 Mod. 43. 1 Sid. 444. Baftards are 
within the meaning of the marriage aft. Stat. 26 Geo. II. 
c. 33, which requires the confent of the father, &c. 1 Term 
■Rep. 96. And the rule that a baftard is jilius nullius applies 
only to the cafe of inheritances, Ib. 101. As however, 
without the protection of its natural parents, a baftard is 
fettled in the parifh in which it is born ; unlefs Inch birth 
be procured by fraud, Sel. Ca. 66.; or happen under an or¬ 
der of removal, 1 ScJJ. Ca. 33. Salk. 1 21 ; or in a (late of 
vagrancy, ftat. 17 Geo. II. c. 5 ; or in the houfe of cor¬ 
rection, 2 Buljl. 3 58 ; or under a certificate, Stra. 186 ; and 
Kite parilh of confequence becomes charged with its main¬ 
tenance, then, and not before, the authority of the church¬ 
wardens and oyerfeers begins, Say. 93 ; and they may aft 
without an order from the juftices. 3 Term Rep. C. P. 253. 
It feems however, that until a baftard attain the age of fe- 
ven years, it cannot be feparated from its mother, Laid. 6 ; 
but may be removed to the place of her fettlement, while 
the age of nurture continues, and muft under thefe cir- 
cumftances be maintained by the parifh where it vvas born. 
Doug. 7. 
An order of baftardy muft be made by two juftices, on 
complaint, 1 Barn. K. B. 261 ; and the examination of the 
woman muft be taken in the prefence of both the juftices, 
6 Mod. 180. 2 Black. Rep. 1027 ; but it is not necelfary that 
the putative father Ihould be prelent to hear what five de- 
pofes, although Ire muft be fummoned before an order of 
filiation can be made, 8 Mod. 3. 1 Sett. Ca. 179 ; for he can¬ 
not be compelled to give fecurity, or be committed, until 
he has made default, Ld. Raym. 853, 8. 3 Salk. 66 ; but 
if an order of filiation is once made, the faft of baftardy 
is eftabliflied until the order is reverfed. Cro. Jac. 535. 
The juftice may commit if the putative father negleft to 
pay the maintenance therein ordered for the fupport of 
the child, unlefs he give a bond to bear the parifh harm- 
lefs, or to appear at the fellions. 1 Sid. 363. Ld. Raym. 
8^8. The order can only be reverfed by an appeal to the 
fellions, which muft be to the next fellions after notice of 
the order; and, if the feffions reverfe the order of the two 
juftices, yet they may on fummons make another, on the 
fame or on any other perfon ; for in this refpeft they have 
an original jurifdiftion. 2 Bulft. 355. 1 Stra. 475. Doug. 
632. The order however may before appeal to the feffions 
be removed by certiorari, into K. B. and there quaffied for 
errors on the face of it. Cald. 172. But no order of baf¬ 
tardy made at fellions can be quaffied in K. B. unlefs the 
putative father is prefent in court, 2 Salk. 475 ; for, on its 
being' quaffied, he ffiall enter into a recognizance to abide 
the order of the feffions below. 1 Bl. Rep. 198. In an an¬ 
cient MS. temp. E. 3, it is faid that he who gets a baftard 
in the hundred of Middleton in Kent, fliall forfeit all his 
goods and chattels to the king. 
By ftat. 21 Jac. I. c. 27, it is enafted, “ That if any 
woman be delivered of any ilfue of her body, which being 
born alive fhould by the laws of this realm be a baftard, 
and fne endeavour privately, either by drowning or fecret 
burying thereof, or any other way, either by herlelf, or 
the procuring of others, fo to conceal the death thereof, 
2s it may not come to light, whether it were born alive or 
A R D. 
not, but be concealed ; in every fuch cafe the faid mother 
lb offending fliall fuffer death, as in cafe of murder; ex¬ 
cept fuch mother can make proof by one witnefs at the 
lead, that the child, whofe death was by her fo intended 
to be concealed, was born dead.” It hath been adjudged, 
that, in order to convrft a woman by force of this laft fta- 
tute, there is no need that the indictment be drawn fpe- 
cially, or conclude againft the form of the ftatute ; for the 
ftatute doth not make a-new offence, but only makes fuels 
concealment an undeniable evidence of murder. 2 Hawk. 
P. C. c. 46. AlJ'o, it hath been agreed, that where a wo¬ 
man appears to have endeavoured to conceal the death of 
fuch child within the ftatute, there is no need of any proof 
that the child was born alive, or that there were any (isms 
of hurt upon the body, but it ffiall be undeniably taken 
that the child was born alive, and murdered by the mo¬ 
ther. But it hath been adjudged, that where' a womali 
lay in a chamber by her/elf, and went to bed without pain, 
and waked in the night, and knocked for help but could 
get none, and was delivered of a child, and put it in a 
trunk, and did not difeover it till the following night, yet 
ftie was not within the ftatute, becaufe (he knocked for 
help. Alfo, it hath been agreed, that if a woman confefs 
herfelf w ith child beforehand, and afterwards be Turprized 
and delivered, nobody being with her, ffie is not within 
the ftatute, becaufe there was no intent of concealment, and 
therefore in fuch cafes it muft appear by figns of hurt upon 
the body, or lbme other way, that the child was born alive. 
If a woman be with child, and any gives her a potion 
to deftroy the child within her, and ffie takes it, and it works 
fo ftrongly that it kills the woman, this is murder ; for it 
was not given to cure her of a difeafe, but unlawfully to 
deftroy the child within her; and therefore he that gives 
her a potion to this end, muft take the hazard, and, if it 
kills the mother, it is murder. 1 Hal. H. P. C. 429. If a 
woman be quick or great w ith child, if (lie take, or any 
other give her, any potion to caufe an abortion, or if a man 
ftrike her, whereby the child within her is killed ; though 
it be a great crime, yet it is not murder nor manflaughter 
by the law of England, becaufe the child is not yet in rerum 
natura, nor can it legally be known whether it were kil¬ 
led or not : fo it is, if fuch child were born alive, and af¬ 
ter die of the ftroke given to the mother, this is not homi¬ 
cide. The offender however may be indidted for a mifde- 
meanor, at common law. If a man procure a woman with 
child to deftroy her infant when born, and the child is 
born, and the woman, in.purfuance of that procurement, 
kill the infant; this is murder in the mother, and the pro¬ 
curer is acceffary. 1 Hal. LI. P. C. 433. 
To Bastard, v. n. To convict of being a baftard ; to 
ftigmatize with baftardy.—She lived to fee her brother 
beheaded, and her two foils depofed from the crown, baf- 
tarded in their bloom, and cruelly murdered. Bacon. 
Bastard, _/• In refpeft of artillery, is applied to thofe 
pieces which are of unufual or illegitimate make or pro¬ 
portion. Thefe are of two kinds, long and ftiort, accord¬ 
ing as the defeft is on the redundant or defective fide. 
The long baftards again, are either common or uncommon. 
To the common kind belong the double culverin extraor¬ 
dinary, falcon extraordinary, See. The ordinary baftard 
culverin carries a ball of eight pounds. 
Bas tard Alkanet. See Lithospermum. Balm. 
See Melittis. Cabbage-tree. See Geoffroya. 
Cedar. See Theobroma Guazumaj Cress'. See 
Thlaspi. Feverfew. See Parthenium. Gentian. 
See Sarothra. Hare’s Ear. See Phyllis. Hat¬ 
chet Vetch. See Biserrula. Hemp. See Datisca. 
I-Iibiscus. See Achania. Jesuit’s Bark Tree. 
See 1 v a. Indigo. See Amorpha. Knot-grass. 
See Corrigiola. Lupine. See Trifolium Lupi- 
naster. Orpine. See Andrachne. Pimpenel. 
See Centuncui.us. Plantain. See Heliconia Bi- 
hai and Centunculus. Quince. See' Mespilus 
Camtemespilus. Saffron. See Carthamus. Toad¬ 
flax. See Thesium. Vetch. See Phaca. 
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