Common Law Origin
Bastardy was not a status, like villeinage, but the fact of being a bastard had a number of legal effects on an individual.
One exception to the general principle that a bastard could not inherit occurred when the eldest son (who would otherwise be heir) was born a bastard but the second son was born after the parents were married.
The Provisions of Merton 1235 (20 Hen. 3 c. IX), otherwise known as the Special Bastardy Act 1235, provided that except in the case of real actions the fact of bastardy could be proved by trial by jury, rather than necessitating a bishop's certificate.
Read more about this topic: Bastard (Law Of England And Wales)
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