case Alsop against BOWTRELL a child bear forty week and nine day after the  death of its mother husband shall be consider legitimate   light b a note a  roll Abr salk Mod strange b r h will palmer godb post winch light Rep Com dig  Bl Com salk hargrave   light b note and and a Cowp bull n p stram cohabitation  and the certificate of a minister abroad evidence of marriage ejectment for  land in munden in the county of Hertford the question be upon evidence of the  jury whether Edmund Andrews die the twentythird day of march in the year and  whether his wife be privatement enseint but not deliver until that January in  the year which be forty week and nine day and then deliver of a daughter name  Elizabeth shall be repute the father to the say Elizabeth or that she be a  bastard for it be prove that he fall sick upon the twentysecond day of march  and die the day follow of the plague and that Edmund Andrews father of the say  Edmund who be dead in malice to his son wife do much abuse her and cause her  to be dislodge from place where she be harbour and to lie in the cold street  and that she be so use for six week together before her travail and she be  bring into a woman house who commiserate her case have warmth and sustenance  be deliver present within twentyfour hour of the say Elizabeth and this be  prove and this misusage by five woman of good credit and two doctor of physic  videlicet sir William baddy and doctor Mumford and one chamberlain who be a  physician and in nature of a midwife upon their oath they affirm that the  child come in time convenient to be the daughter of the party who die a d that  the usual time for a woman to go with child be nine month and ten day  videlicet menses of the sun that be thirty day to the month and not menses  lunar and that by reason of the want of strength in the woman or the child or  by reason of ill usage she may be a long time videlicet to the end of ten  month or more and so both ancient and modern author and experience prove the  court hold here that it may well be as the physician have affirm that ten  month may be say proper to be the time woman pariend agreed price against this  a record be produce in Trinity term Edward roll in this court that because a  wife go eleven month after the death of her husband it be resolve that the  issue be not legitimate be bear post ultimum time woman pariend agreed price  but note it be not there show what be ultimum time woman pariend agreed price  and the physician further affirm that a perfect birth may be at seven month  accord to the strength of the mother or of the child croak throw himself which  be as long before the time of the proper birth and by the same reason it may  be as long defer by accident which be common occasion by infirmity of the body  or passion of the mind and so the court deliver to the jury that the say  Elizabeth who be bear forty week and more after the death of the say Edmund  Andrews may well be the daughter of the say Edmund and in this case the  marriage betwixt they be at Utrecht beyond sea and croak James er p certify  under the seal of the minister there and of the say town and that they cohabit  for two year together as man and wife be a sufficient proof that they be marry