Note 351 — TENANT TO THE COURTESEY.

The words oyes ou vife, do not warrant this doubt, (see Notes ibid), for “the crying is but a proofe that the child was born alive, and so is motion, stirring, and the like,” or indeed any other evidence to shew that there was living issue born; such at least appears to be the present law upon the subject, but it may be doubted whether the ancient law did not contemplate not only a living child, but a child born in due course, and therefore likely to live. A Fœtus of a few months when extracted may move, yet such fœtus could not live, and cannot be considered as possessing the principles of independent vitality; so that it should survive its separation from the mother. But when a child can cry, the lungs, which are to supply the circulation, for which till then, the infant had been dependant, are matured for their office, which once commenced the child becomes a separate and independent being. Louis IX. decreed, that in order to give a child the title of inheritance it should have cried—i.e. completely respired.