case the parish OF saint Giles in read against the parish OF EVERSLY  blackwater if a person bear in the parish of a be put apprentice in the parish  of b and after serve two year of his time on his master become bankrupt he  return to the parish of a marry have child and die without have gain a  settlement there his widow and child be settle in the parish of b although  neither of they be ever there during the lifetime of the husband and father S  c ld ray S c Sett and Rem S c shaw p l S c Sess case S c stram S c and William  Chesterman the father of the child now remove by the order of two justice of  peace be bear in the parish of saint Giles in read and bind apprentice in the  parish of Eversle and have serve two year of his apprenticeship there his  master break and then this apprentice come back to read which be the place of  his birth and there be marry and have these child and in some time afterward  he die there be endeavour in his lifetime to remove he to Eversle where he  modern report er p have serve two year of his apprenticeship but he be not  actual remove but after his death his widow and child be by order of two  justice send to the say parish of Eversle upon a appeal to the next session  that order be quash and a order make that they shall be send back to the  parish of saint Giles because the wife before her marriage have a lawful  settlement there and now both these order be remove into the court of king  bench by certiorari it be move to quash the order of session for that the  settlement of the child ought to follow the settlement of the father t raym  salk pl Mod fortesc Rep set and Rem pl pl salk pl Cas tempt holt Ch I pl a the  chief justice be of opinion that during the lifetime of the father the  settlement of the child must be where he be settle and thither they may be  send modern report but if he have no legal settlement then the child must be  send to the place where they be bear now the father of these child be dead and  some attempt be make to remove he in his lifetime though he be not actual  remove yet that show his settlement be contend and the child be bear under  such a contest settlement must be send to the place of their birth though it  may have be otherwise if there have be no contest Lord Raymond Lord fortescue  aland Foley and Andrew all report that Pratt chief justice entire agree with  the other judge who be all upon the bench and unanimous ld raym fortesc Rep  Fol andr but sir John strange say that three judge be of opinion against  Raymond justice stram however Lord Raymond have himself inform we that he  agree with his brother ld raym note to the former edition b but two judge be  of a contrary opinion videlicet that after the death of the husband who be the  father of these child both their mother and the child ought to be send to the  place where he have a lawful settlement and that his death in this case make  no alteration as to the settlement for wherever the husband and father have a  legal settlement the widow and child gain a settlement there nor do it alter  the case though the wife have another settlement before her marriage because  by her marriage that settlement be lose and birth gain a settlement of the  child in no case but where the settlement of their father or mother be not  know except only in case of bastardy and there it gain a settlement only prima  fancy until the legal settlement be know and no long and the reason be because  the child shall not be vagrant it be true a servant may be settle in a place  where his master have no settlement as if he be a visitor or scholar for that  service which be the foundation of his settlement be entire independent of his  master but that be not like the present case videlicet the settlement of a  child by virtue of the settlement of his parent because by the law of nature  they be to provide for their child so that their settlement must necessary  depend upon that of their parent see Coxwell v Shillingford fort Reg v Clifton  viner Abr king v saint Giles fort king v Ironaction burr king v saint botolph  burr S c and see Mr Consts Edit Bott p l vol to a afterward by the unanimous  opinion of the court the order of session be quash and the order of the  justice confirm