Note 337 — VARIOUS QUESTIONS CONNECTED WITH THE FOREGOING SUBJECTS, ELUCIDATED BY PHYSIOLOGICAL RESEARCHES.

“It is now held that the husband’s being within the four seas, is not conclusive evidence of the legitimacy of the child, and it is left to a Jury to consider whether the husband had access to his wife. See 3 P. W. 275. 276; Pendrell and Pendrell, 2 Stra. 925. So evidence may be given, that the husband’s habit of body was such, as to make his having children an impossibility. Lomax v. Holmden, 2 Stra. 940: see also 1 Roll. Abr. 358; 1 Salk. 123. But the rule laid down by Lord Coke, was once generally received. In Jenk. c. 10. pl. 18. it is said “that if the husband be in Ireland for a year, and the wife in England during that time has issue, it is a bastard; but it seems otherwise now for Scotland, both being under one king, and make but one continent of land.” (Co. Litt. 244.) and see also Co. Litt. 126. n. 2. and authorities there quoted. Dr. Ridley’s view of the civil and ecclesiastical law, and the proceedings in the House of Lords 1811, on the Banbury Peerage, where this point was much discussed.”