Shelley v. Smith

In 1777, during the Easter Term of the Court of King’s Bench, Goodright ex dim. Stevens v. Moss et al,, 1 came on for a hearing before William Murray, first Earl of Mansfield, then the Lord Chief Justice, Mr. Justice Afton and Mr. Justice Willes. Lord Mansfield “was inspired ■— apparently by some brooding omnipresence in the sky” 2 — to declare:

“* * * the law of England is clear, that the declaration of a father or mother, cannot be admitted to bastardize the issue born after marriage.” Id. at 592.

“* * * it is a rule founded in decency, morality and policy that they shall not be permitted to…