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bastard

noun adulterine, bantling, child born before marriage, child born out of wedlock, illegitimate child, nothus, nullius filius, spurious issue
Associated concepts: acknowledgment, bastardy proceeding, illegitimate, inheritance, legitimacy support, putative father
Foreign phrases: Bastardus non potest habere haeredem nisi de corpore suo legitime procreatum.A bastard cannot have an heir unless he is one lawfully begotten of his own body. Bastardus nullius est filius, aut filius populi . A bassard is the son of no one, or the son of the people. Non est justum aliquem antenatum post mortem facere bastarrum qui toto tempore vitae suae pro legitimo habebatur. It is not just to make anyone a bastard after his death, who during his lifetime was regarded as legitimate. Qui nascitur sine legitimo matrimonio, matrem sequitur. He who is born out of lawful matrimony succeeds to the condition of his mother. Partus ex legitimo thoro non certius noscit maarem quam genitorem suum. The offspring of a legitimate marriage knows not his mother more certainly than his father. Qui ex damnato coitu nascuntur inter liberos non commutentur. They who are born of an illicit union should not be reckoned among the children.
See also: illegitimate

bastard

obsolete legal term for an illegitimate child born out of wedlock. See ILLEGITIMACY.

BASTARD. A word derived from bas or bast, signifying abject, low, base; and aerd, nature. Minshew, Co. Lit. 244; a. Enfant de bas, a child of low birth. Dupin. According to Blackstone, 1 Com. 454, a bastard in the law sense of the word, is a person not only begotten, but born out of lawful matrimony. This definition does not appear to be complete, inasmuch as it does not embrace the case of a person who is the issue of an illicit connection, during the coverture of his mother. The common law, says the Mirror, only taketh him to be a son whom the marriage proveth to be so. Horne's Mirror, c. 2, Sec. 7; see Glanv. lib 8, cap. 13 Bract. 63, a. b.; 2 Salk. 427;, 8 East, 204. A bastard may be perhaps defined to be one who is born of an illicit union, and before the lawful marriage of his parents.
     2. A man is a bastard if born, first) before the marriage of his parents; but although he may have been begotten while his parents were single, yet if they afterwards marry, and he is born during the coverture, he is legitimate. 1 Bl. Com. 455, 6. Secondly, if born during the coverture, under circumstances which render it impossible that the husband of his mother can be his father. 6 Binn. 283; 1 Browne's R. Appx. xlvii.; 4 T. R. 356; Str. 940 Id. 51 8 East, 193; Hardin's R. 479. It seems by the Gardner peerage case, reported by Dennis Le Marebant, esquire, that strong moral improbability that the husband is not the father, is sufficient to bastardize the issue. Bac. Ab. tit. Bastardy, A, last ed. Thirdly, if born beyond a competent time after the coverture has determined. Stark. Ev. part 4, p. 221, n. a Co. Litt. 123, b, by Hargrave & Butler in the note. See Gestation.
     3. The principal right which bastard children have, is that of maintenance from their parents. 1 Bl. Com. 458; Code Civ. of Lo. 254 to 262. To protect the public from their support, the law compels the putative father to maintain his bastard children. See Bastardy; Putative father.
     4. Considered as nullius filius, a bastard has no inheritable blood in him, and therefore no estate can descend. to him; but he may take by testament, if properly described, after he has obtained a name by reputation. 1 Rop. Lew. 76, 266; Com. Dig. Descent, C, l2; Ie. Bastard, E; Co. Lit. 123, a; Id. 3, a; 1 T. R. 96 Doug. 548 3 Dana, R. 233; 4 Pick. R. 93; 4 Desaus. 434. But this hard rule has been somewhat mitigated in some of the states, where, by statute, various inheritable qualities have been conferred upon bastards. See 5 Conn. 228; 1 Dev. Eq. R. 345; 2 Root, 280; 5 Wheat.. 207; 3 H. & M. 229, n; 5 Call. 143; 3 Dana, 233.
     5. Bastards can acquire the rights of legitimate children only by an act of the legislature. 1 Bl. Com. 460; 4 Inst. 36.
     6. By the laws of Louisiana, a bastard is one who is born of an illicit union. Civ. Code of Lo. art. 27, 199. There are two sorts of illegitimate children; first, those who are born of two persons, who, at the moment such children were conceived, might have legally contracted marriage with each other; and, secondly, those who are born from persons, to whose marriage there existed at the time, some legal impediment. Id. art. 200. An adulterous bastard is one produced by an unlawful connexion between two persons, who, at the time he was conceived, were, either of them, or both, connected by marriage with some other person or persons. Id. art. 201. Incestuous bastards are those who are produced by the illegal connexion of two persons who are relations within the degrees prohibited by law. Id. art. 202.
     7. Bastards, generally speaking, belong to no family, and have no relations; accordingly they are not subject to paternal authority, even when they have been acknowledged. See 11 East, 7, n. Nevertheless, fathers and mothers owe alimony. to their children when they are in need. Id. art. 254, 256. Alimony is due to bastards, though they be adulterous or incestuous, by the mother and her ascendants. Id. art. 262.
     8. Children born out of marriage, except those who are born from an incestuous or adulterous connexion, may be legitimated by the subsequent marriage of their father and mother, whenever the latter have legally acknowledged them for their children, either before the marriage or by the contract of marriage itself. Every other mode of legitimating children is abolished. Id. art. 217. Legitimation may even be extended to deceased children who have left issue, and in that ease, it enures to the benefit of that issue. Id. art. 218. Children legitimated by a subsequent marriage, have the same rights as if born during the marriage. Id. art. 219. See, generally, Vin. Abr. Bastards Bac. Abr. Bastard; Com. Dig. Bastard; Metc. & Perk. Dig. h. t.; the various other American Digests, h. t.; Harr. Dig. h. t.; 1 Bl. Com. 454 to 460; Co. Litt. 3, b.; Bouv. Inst. Index, h. t., And Access; Bastardy; Gestation; Natural Children.

References in periodicals archive ?
While Fielding does not employ exactly the same approach with Tom, his reliance on readers' knowledge of the doomed bastard type is crucial to distinguishing that character as well.
Yet, through the combination of the feature documentary, the book, and the online remixable documentary, Bastards of Utopia provides an important reference for ethnographic research in and for the age of digital cultures--and the time for doing such research is now.
In 1697, Louis XIV was prepared to tax bastards and their descendants to fund his wars but also sought to enable his own various male bastards to claim the throne.
Some passages, such as "the sins of the fathers shall be visited upon their children" might well be interpreted as authorizing the infliction of penalties upon bastard children, while both Jesus and St.
Shabangu's spokesman Noxolo Kweza said she stood by her comments which were quoted on the front page of The Star newspaper under the headline "Kill the bastards." "I won't tolerate any pathetic excuses for you not being able to deal with crime.
Eli Ben Dahan, director of the Rabbinical Court said that "the list of bastards is kept at the Rabbinate and that it is highly confidential.
The deep golden color and lush, rounded palate caused Boudinaud to describe the wine as a "Fat Bastard," an affectionate term in Brit speak, no doubt taught to him by his cheeky partner Guy.
He then examines their status in Florentine statute law, noting that the state's political and fiscal concerns further complicated the status of bastards. Providing a unifying conceptual thread through the diversity of opinion and legislation was the distinction between naturales (offspring of stable concubinal relationships) and spurii (born of casual encounters).
``Inglorious Bastards is truly spaghetti Western,just set in Nazi-occupiedFrance,''he said.
The trouble was that some of them weren't IRA bastards at all - they were innocents gunned down by Loyalist terrorists working with the British Army.
The third section of the book examines royal social policy during the course of the eighteenth-century regarding the legitimation of bastards, which reached a peak in the years 1776--1793 only to retreat in subsequent years.