case ALINSON against expense a order of two justice for the maintenance of the  bastard child of a marry woman must show that the husband have no access for  the space of forty week antecedent to the birth for it be not sufficient to  say only that the husband be beyond the sea S c Carth S c salk S c holt S c  Sett Rem S c ld raym Northey move to quash a order that be make for the  maintain of a bastard child when it be bear in lawful wedlock because it be  only say that the husband be at Cadiz second then here be a form in gross  order which be ill beside we say it be a contrivance sir b shower nun can be a  bastard within the statute Elizabeth c S but those who be bastard within the  statute of stillborn child James c and no one will say that this woman be  within that statute I grant this child can not inherit the husband estate but  that go upon the particular rule of descent but this child be within the  statute of Elizabeth c and the father shall have maintain it modern I have  another fatal exception to this order it be say that he be not there when the  child be beget or bear in the disjunctive which be ill for he may be there at  one of those time and he may be absent the whole space of time both when the  child be beget and when it be bear holt chief justice suppose a real action  have be bring by this child and bastardy plead must not the bishop have  certify that he be a bastard indeed where a man be a mulier there must be a  special bastardy certify for that the bishop own such a one to be legitimate  but here the father be beyond sea whether this child be not no one thread see  term Rep I that a bastard be no one thread apply only in the case of  inheritance a and what if he be bear within lawful matrimony yet why be he not  within the statute of Elizabeth c be not the child bear in adultery as to the  case of stillborn child that statute be a penal law and to be take strict be  it not a unconscionable thing for the husband to keep this child which be get  by another man indeed the other exception require some consideration if the  child be not a bastard the order be Self facto void it be out of their  jurisdiction they must take care that it be a bastard Northey but the justice  have undertake to say that she be deliver of a male bastard child and the rest  stand indifferent whether he be here in the meanwhile you will not intend it  shower it will have be void if you have only say that she be deliver of a  bastardchild holt chief justice the order must be quash for it must appear  that he be not here all the space if he be here either at the beget or at the  birth of the child it be sufficient let the repute father be bind over to  appear here