Medical Jurisprudence, Volume 3 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 3 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
A case[58] on this point is inserted in the _Edinburgh Medical Journal_
for April, 1810; we entirely concur in the sentiment of the editors; “we
cannot,” they say, “avoid remarking the apparent inconsistency of the
law of England, in having no statute to punish its actual perpetration
by the only certain means of effecting it, while it punishes by death,
without benefit of clergy, the attempting it by means which are very
seldom effectual. Thus _Pizzy_ was tried for attempting to cause _Ann
Cheney_ to abort, by giving her medicines, which had no effect; and his
having actually perpetrated the crime by mechanical violence, was only
brought forward as proving the intention with which the medicines were
given.”[59] The act therefore requires amendment, framed however with
such care, that the necessary practice of procuring premature labour by
qualified practitioners may be defended, while the immoral and criminal
use of instrumental abortion may be adequately punished.
PHYSIOLOGICAL ILLUSTRATIONS.
ABORTION.
Abortion[60] may be procured by the administration of powerful
medicines, or by the application of mechanical violence, such as blows,
or pressure on the abdomen; or by the introduction of sharp instruments
into the uterus, so as to rupture the membranes. We shall offer a few
remarks upon each of these several modes of accomplishing the criminal
object in question. From a very early period attempts have been made to
devise means of procuring abortion by the administration of certain
drugs, which were considered as capable of acting specifically upon the
womb, and of occasioning the exclusion of its contents. It would be idle
to enumerate the various substances which have, at different times, been
employed for such a purpose, not a few of which were derived from the
fertile sources of credulity and superstition; and yet we are bound to
admit, that upon this occasion at least, credulity has proved a blessing
to mankind, by suggesting the substitution of a harmless amulet, or an
inefficacious drug, for an application of extreme violence and danger,
and, perhaps of death. The physicians of the present age disclaim the
existence of any specific class of _abortives_, but we are ready to
admit that the administration of violent medicines, by involving the
uterus in the general shock thus given to the system, will occasion
abortion, provided there exist at the same time, a certain
predisposition on the part of the female; should this latter condition,
however, be wanting, the _poculum abortionis_ may, by the violence of
its operation, destroy the life of the unhappy mother, or very
materially injure her, without accomplishing the object for which it was
administered. In the case of _Mrs. Robert Turner_, one of the persons
poisoned by _Elizabeth Fenning_, notwithstanding the long and violent
sufferings she had experienced during her pregnancy, brought forth a
living child at the natural period.
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