A question of legitimacy

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Alan R Grey

A question of legitimacy

Legg inn av Alan R Grey » 13 feb 2007 19:00:40

I just have a general question about marriage, legitimacy and
consanguinity. Scenario: a couple in, say, c.1450 in England marry and
have children, but then the church orders divorce on grounds of
consanguinity. The husband remarries and has further children.
Question: would the husband's legitimate heir(s) come of the first or
second marriage (i.e., does the fact of the divorce make no difference
to the legal status of the children)?

Thanks

Alan Grey

Chris Dickinson

Re: A question of legitimacy

Legg inn av Chris Dickinson » 16 feb 2007 20:06:21

Alan Grey wrote:

I just have a general question about marriage, legitimacy and
consanguinity. Scenario: a couple in, say, c.1450 in England marry and
have children, but then the church orders divorce on grounds of
consanguinity. The husband remarries and has further children. Question:
would the husband's legitimate heir(s) come of the first or second marriage
(i.e., does the fact of the divorce make no difference to the legal status
of the children)?


I have absolutely no knowledge on this; but, as there haven't been any other
replies, here's my guess (at the risk of appearing foolish!):

This is a problem of semantics.

(1)

You're using the term 'divorce' - but that implies that the marriage was
legal (in canon law) in the first place. What the church is saying is that
it was never legal.

(2)

What makes someone an heir? Legitimacy makes your legal status clear, but
illegitimacy doesn't necessarily prevent you from inheriting, if the father
takes enough care to get the necessary confirmations to prevent challenges.


Chris

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