Knowledge

Pleading the belly

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22: 124:, the law held that no woman could be granted a second reprieve from the original sentence on the ground of subsequent pregnancy, even if the foetus had quickened. In the event that a prisoner became pregnant, her 66:
child (that is, a foetus sufficiently developed to render its movement detectable), the convict was granted a reprieve of sentence until the next hanging time after her delivery.
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includes a scene where the character Filch picks up income working as a "child getter ... helping the ladies to a pregnancy against their being called down to sentence".
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The plea did not constitute a defence and could only be made after a verdict of guilty was delivered. Upon making the plea, the convict was entitled to be examined by a
52: 241: 55:, which stated that an expecting mother would automatically have her death sentence commuted to life imprisonment with hard labour. 177:
containing the form and method of the proceedings at the Assizes and General Gaol-delivery as also on the crown and nisi prius side
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until after she bore her child. The plea was available at least as early as 1387 and was eventually rendered obsolete by the
220: 85:. Even those women who were subsequently executed pursuant to their original sentences were often executed behind schedule. 81:
have shown that women granted such reprieves were often subsequently granted pardons or had their sentences commuted to
266: 107:
includes a character who successfully pleaded her belly despite being "no more with child than the judge that tried ".
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both used this plea to delay execution, although it is unclear if either woman was actually pregnant.
62:, generally selected from the observers present at the trial. If she was found to be pregnant with a 235: 113: 99:
It appears that women were often fraudulently or erroneously found to be quick with child.
82: 8: 121: 78: 195: 154: 214: 174: 59: 48: 199: 255: 104: 158: 100: 190:
Oldham, James (1985). "On Pleading the Belly". In Knafla, Louis A (ed.).
74: 89: 70: 63: 40: 25: 93: 44: 29: 179:(2nd ed.). S. Roycroft for Henry Twyford. 1682. pp. 61–63. 108: 125: 145:
Means, Cyril (1971). "The Phoenix of Abortional Freedom".
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Sessions Papers and Assize records from the reigns of
253: 16:Pregnant woman's death sentence reprieve request 194:. Vol. 6. London: Meckler. pp. 1–64. 43:which permitted a woman in the later stages of 53:Sentence of Death (Expectant Mothers) Act 1931 128:or the local sheriff was subject to a fine. 20: 254: 189: 223:from the original on 20 October 2006. 212: 144: 244:from the original on 27 August 2010. 32:, pirates who both "pled the belly." 233: 13: 14: 283: 227: 206: 183: 165: 138: 1: 131: 47:to receive a reprieve of her 7: 10: 288: 267:Legal issues in pregnancy 69:Scholarly reviews of the 39:was a process in English 192:Criminal Justice History 120:As a check against this 213:Defoe, Daniel (1722). 33: 24: 262:English criminal law 122:abuse of the system 272:Capital punishment 237:The Beggar's Opera 234:Gay, John (1728). 173:The Office of the 147:New York Law Forum 114:The Beggar's Opera 37:Pleading the belly 34: 279: 246: 245: 231: 225: 224: 210: 204: 203: 187: 181: 180: 169: 163: 162: 142: 287: 286: 282: 281: 280: 278: 277: 276: 252: 251: 250: 249: 232: 228: 211: 207: 188: 184: 175:Clerk of Assize 171: 170: 166: 143: 139: 134: 60:jury of matrons 17: 12: 11: 5: 285: 275: 274: 269: 264: 248: 247: 226: 205: 182: 164: 153:(2): 377–378. 136: 135: 133: 130: 83:transportation 49:death sentence 15: 9: 6: 4: 3: 2: 284: 273: 270: 268: 265: 263: 260: 259: 257: 243: 239: 238: 230: 222: 218: 217: 216:Moll Flanders 209: 201: 197: 193: 186: 178: 176: 168: 160: 156: 152: 148: 141: 137: 129: 127: 123: 118: 116: 115: 110: 106: 105:Moll Flanders 102: 97: 95: 91: 86: 84: 80: 76: 72: 67: 65: 61: 56: 54: 50: 46: 42: 38: 31: 27: 23: 19: 236: 229: 215: 208: 191: 185: 172: 167: 150: 146: 140: 119: 112: 101:Daniel Defoe 98: 88:The pirates 87: 68: 57: 36: 35: 18: 75:Elizabeth I 256:Categories 200:1109210649 132:References 90:Anne Bonny 71:Old Bailey 41:common law 26:Anne Bonny 94:Mary Read 45:pregnancy 30:Mary Read 242:Archived 221:Archived 159:16602212 109:John Gay 79:James I 198:  157:  126:gaoler 64:quick 196:OCLC 155:PMID 92:and 77:and 28:and 111:'s 103:'s 258:: 240:. 219:. 151:17 149:. 202:. 161:.

Index


Anne Bonny
Mary Read
common law
pregnancy
death sentence
Sentence of Death (Expectant Mothers) Act 1931
jury of matrons
quick
Old Bailey
Elizabeth I
James I
transportation
Anne Bonny
Mary Read
Daniel Defoe
Moll Flanders
John Gay
The Beggar's Opera
abuse of the system
gaoler
PMID
16602212
Clerk of Assize
OCLC
1109210649
Moll Flanders
Archived
The Beggar's Opera
Archived

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