He is a Bastard that is born before the Marriage of his Parents [Henrici III. CAP. IX. 1235]

Ad breve [domini] R. de Bastardia, utrum aliquis natus ante matrimonium habere poterit hereditatem, sicut ille qui natus est post, Responderunt omnes Episcopi, quod nolunt, nec possunt, ad istud respondere ; quia hoc esset contra communem firmam eccesie. Ac rogaverunt omnes Episcopi Magnates, ut consentirent, quod nati ante matrimonium seeent legitimi, sicut illi qui nati sunt post matrimonium, quantum ad successionem hereditariam, quia eccesia tales habet pro legitimis. Et omnes Comites & Barones una voce responderunt, quod nolunt leges Anglie mutare, que usitate sunt, & approbate c.

To the King’s Writ of Bastardy, Whether one being born before Matrimony may inherit in like manner as he that is born after Matrimony, all the Bishops answered, That they would not, nor could not, answer to it ; because it was directly against the common Order of the Church. (2) And all the Bishops instanted the Lords, that they would consent, that all such as were born afore Matrimony should be legitimate, as well as they that be born * within Matrimony, as to the Succession of Inheritance, forasmuch as the Church accepteth such for legitimate. And all the Earls and Barons with one voice answered, that they would not change the Laws of the Realm, which hitherto have been used and approved.

* For within read after



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