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BASTARD (O. Fr. bastard, mod. bdtard ...

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Originally appearing in Volume V03, Page 500 of the 1911 Encyclopedia Britannica.
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BASTARD (O. Fr. bastard, mod. bdtard = fits de bast, "See also:pack-See also:saddle See also:child," from bast, saddle)  , a See also:person See also:born out of legal wedlock . Amongst the See also:Romans, bastards were classified as nothi, See also:children born in See also:concubinage, and spurii, those not so born . Both classes had a right of See also:succession to their See also:mother, and the nothi were entitled to support from their See also:father, but had no rights of See also:inheritance from him . Both, however, had in other respects most of the rights of citizenship . The Germanic See also:law was based upon an entirely different principle . It recognized as legitimate only those whose parents were of the same social See also:rank . All others were regarded as bastards, and took the status of the See also:parent of inferior rank . The aim of all the Germanic codes was to preserve purity of See also:race, not to improve morals, for incestuous unions are not censured . The See also:influence of the Germanic law lasted throughout the See also:early feudal See also:period, and bastards were debarted rights of inheritance . In the 13th See also:century the influence of See also:Roman law tended again to modify this severity . An exception was probably made in the See also:case of those whose fathers were of royal See also:blood, in which case it even seems that no stigma was attached to the See also:accident of their See also:birth, nor did they suffer from the usual disabilities as to inheritance which attended those of illegitimate birth (See also:Gregory of See also:Tours, v . 25) .

Among the See also:

Franks we find See also:Theodoric I., a natural son of See also:Clovis, sharing the See also:kingdom with the legitimate sons; Zwentibold, natural son of See also:Arnulf, was created See also:king of See also:Lorraine by his father in 895; and even See also:William the Conqueror actually assumed the appellation of See also:bastard . In See also:English law a bastard still retains certain disabilities . His rights are only such as he can acquire; for civilly he can inherit nothing, being looked upon as the son of nobody, and sometimes called filius nullius, sometimes filius populi . This, however, does not hold as to moral purposes, e.g. he cannot marry his mother or bastard See also:sister . Yet he may gain a surname by reputation though he has none by inheritance, and may even be made legitimate and capable of inheriting by the transcendent See also:power of an See also:act of See also:parliament . For poor-law purposes, all legitimate children take the See also:settlement of their father, but a bastard takes the settlement of its mother . The mother of an illegitimate See also:child is entitled to its custody in preference to the father, and consequently the responsibility ,f its support falls primarily on her . But the English law has always recognized the principle that to a certain extent the father must See also:share in that responsibility . This, how-ever, was imposed not with the See also:idea of furnishing the woman with a See also:civil remedy, nor to have a penal effect against the See also:man, but solely to prevent the cost of See also:maintenance of the bastard child from falling upon the See also:parish . Indeed, the legislation upon the subject, which See also:dates back to 1576, was until 1845 an intimate See also:part of the poor law . The act of 1576, the basis of English bastardy law, empowered justices to take See also:order for the See also:punishment of the mother and reputed father of every bastard child See also:left to the care of the parish, and to See also:charge the mother' and reputed father with the See also:payment of a weekly sum' or other needful sustenance . Other acts were passed in 1609 and 1733, enabling the mother of any child chargeable or likely to become chargeable to the parish to secure the See also:apprehension, and even the imprisonment, of the father until he should indemnify the parish, provisions which were made somewhat more stringent by acts passed in 1809 and 18io .

In 1832 a See also:

commission was appointed to inquire into the operation of the poor See also:laws, and the commissioners in their See also:report gave See also:great See also:attention to the subject of bastardy . They reviewed the various acts from 1576 downwards and gave examples of their operation . The conclusion to 'which the commissioners came was ' that the laws " which respect bastardy appear to be pre-eminently unwise," and that they gave rise to many abuses . For example,, the weekly payment recovered by the parish was usually transferred to the mother; even in many cases guaranteed . The commissioners recommended that the mother alone should be responsible for the maintenance of the child . " This," they said, "is now the position of a widow, and there can be no See also:reason for giving to See also:vice privileges which we deny to misfortune." Acting on the recommendation of the commissioners the Poor Law See also:Amendment Act of 1834 endeavoured to discourage the principle of making the putative father contribute by introducing a some-what cumbersome method of See also:procedure . The trend of public See also:opinion proved against the discouragement of See also:affiliation, and an act of 1839 transferred See also:jurisdiction in affiliation cases from See also:quarter-sessions to See also:petty-sessions . A commission of inquiry on the working of the bastardy acts in 1844 recommended " that affiliation should be facilitated," and, accordingly, by the Bastardy Act of 1845 effect was given to this recommendation by giving the mother an See also:independent civil remedy against the putative father and dissociating the parish altogether from the proceedings . Subsequently, legislation gave the parish the right of attaching, and in some cases suing for, See also:money due from the putative father for the maintenance of the child . The existing law is set out under AFFILIATION . The incapacities attaching to a bastard consist principally in this, that he cannot be See also:heir to any one; for being nullius filius, he is therefore of See also:kin to nobody, and has no ancestor from whom an inheritable blood can be derived . Therefore, if there be no other claimant upon an inheritance than such illegitimate 'child, it escheats to the See also:lord .

And as bastards cannot be heirs them-selves, so neither can they have any heirs but those of their own bodies; for as all See also:

collateral kindred consists in being derived from the same See also:common ancestor, and as a bastard has no legal ancestor, he can have no collateral kindred, and consequently no legal heirs, except such as claim by a lineal descent from himself . And hence, if a bastard See also:purchase See also:land, and See also:die seised therefor without issue and intestate, the land escheats to the lord of the See also:fee . Originally a bastard was deemed incapable of See also:holy orders, and disqualified by the fact of his birth from holding any dignity in the See also:church; but this See also:doctrine is now obsolete, and in all other respects there is no distinction between a bastard and another man . By the law of See also:Scotland a bastard is not only excluded from his father's succession, because the law knows no father who is not marked out by See also:marriage; and from all heritable succession, whether by the father or mother, because he cannot be pronounced lawful heir by the See also:inquest in terms of the brief; but also from the movable succession of his mother, because he is not her lawful child, and See also:legitimacy is implied in all succession deferred by the law . But a bastard, although he cannot succeed See also:BASTARNAE-See also:BASTIAT from the See also:sea-See also:shore like an See also:amphitheatre, See also:Bastia presents an imposing See also:appearance, which is enhanced by the loftiness of its houses; it has, however, little of architectural See also:interest to offer . Its churches, of which the largest is See also:San Giovanni Battista, are florid in decoration, as are - the law-See also:court, the See also:theatre and the hotel-de-ville . The citadel, which dominates the old See also:port, has a keep of the 14th century . As See also:capital of an See also:arrondissement, Bastia is the seat of a tribunal of first instance and a sub-See also:prefect, while it is also the seat of the military See also:governor of See also:Corsica, of a court of See also:appeal for the whole See also:island, of a court of assizes, and of a tribunal and a chamber of See also:commerce, and has alycee, a See also:branch of the See also:Bank of See also:France, and a library with between 30,000 and 40,000 volumes . The See also:town has active commerce, especially with See also:Italy . The new port has 'too ft. of quayage, served by a railway, and with a See also:depth alongside of 25 ft . The See also:total number of vessels entered in 1907 was 721 with a See also:tonnage of 339,551, of which 203,950 were See also:French . The See also:chief exports are See also:chestnut See also:extract for tanning, cedrates, citrons, oranges, early vegetables, See also:fish, See also:copper ore and See also:antimony ore .

Imports include See also:

coal, See also:grain, See also:flour and See also:wine . See also:Industry consists chiefly in fishing (sardines, &c., and See also:coral), the manufacture of See also:tobacco, oil-distilling, tanning, and the preparation of preserved citrons and of See also:macaroni and similar provisions . Bastia dates from the See also:building of the Genoese fortress or " See also:Bastille " by Lionello Lomellino in 1383 . Under the Genoese it was See also:long the See also:principal stronghold in the See also:north of the island, and the See also:residence of the governor; and in 1553 it was the first town attacked by the French . On the See also:division of the island in 1797 into the two departments of Golo and Liamone, Bastia remained the capital of the former; but when the two were again See also:united See also:Ajaccio obtained the superiority . The See also:city was taken by the English in 1745 and again in 1794 .

End of Article: BASTARD (O. Fr. bastard, mod. bdtard = fits de bast, "pack-saddle child," from bast, saddle)
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