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Colonial American bastardy laws : ウィキペディア英語版
Colonial American bastardy laws

Colonial America bastardy laws refer to laws, statutes, or other legal precedents set forth by the colonies in North America. This page focuses on the rules pertaining to bastardy that became law in the New England colonies of Massachusetts, Connecticut, and Pennsylvania from the early seventeenth century to the late eighteenth century. The colonies established many of their laws based on a combination of old English common law and their religious faith. Upon their arrival in North America, European settlers established rules to guide society. Many of these rules strongly resembled the established guidelines set forth by England. Although the laws differed initially in their creation and enforcement, by late eighteenth century, the New England colonies and the colony of Pennsylvania had altered their laws pertaining to bastardy to be mirror images of the laws in effect in England.
== Criminal act of bastardy defined ==
A bastard is defined as a "(child) born out of wedlock or of adultery, illegitimate." In other words, a bastard is any child that is born from the result of a sexual encounter between a man and a woman who are not married. However, bastards may also be born to a couple that involved a married man or woman and an unmarried man or woman. In these cases, people had committed adultery. In the eyes of the law, any child conceived by a couple that was not legally married was a bastard child. Bastard children were also known as illegitimate children, meaning that they legally had no standing in society. English and colonial America also had laws governing sexual activity between individuals. If two people had sexual intercourse without being married, then they had committed the crime of fornication. Typically, fornication and bastardy laws went hand in hand, as in most instances a case of bastardy did not exist without individuals having committed fornication. Regardless of conception, a bastard child fell under the governing rules of the land’s bastardy laws. After a bastard child’s birth, a trial for fornication or adultery usually followed. In England, churches saw a bastard child as the probable outcome for any case of fornication or adultery. Depending on location, bastardy laws appeared differently as each individual colony had separate rules on the subject. However, each colonial law regarding fornication, adultery, and bastardy took shape from the old English common law.

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