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
When the plea of pregnancy is made to stay execution “the judge must
direct a jury of twelve matrons or discreet women to inquire the fact:
and if they bring in their verdict _quick with child_ (for barely _with
child_[100] unless it be alive in the womb, is not sufficient) execution
shall be stayed generally till the next session: and so from session to
session till either she is delivered, or proves by the course of nature
not to have been with child at all. But if she once hath the benefit of
this reprieve, and has been delivered, and afterwards become pregnant
again, she shall not be entitled to the benefit of a further respite
from that cause.[101] For she may now be executed before the child is
_quick_ in the womb; and shall not, by her own incontinence, evade the
sentence of justice.” _4 Bl. Com._ 395; (see also _2 Hawk. P. C._ 658,
and authorities there.) But _Sir M. Hale_ says that though she be
_quick_ a second time she shall have no respite on that account. _1 P.
C._ 369. And yet he afterwards draws a nice distinction _in favorem
prolis_, that if the woman were not quick, or with child at all,[102] at
the time of the first inquest of the matrons, and afterwards become with
child, she shall have her respite; “for the advantage she had at first
was not really by reason of pregnancy, but by a mistake of the jury of
women.” “And therefore as hath been said, in all cases of reprieves for
pregnancy, the judge ought to make a new demand, what the prisoner hath
to say wherefore execution should not be awarded.” _Ib._ And so in all
cases where any time intervenes between the attainder and the award of
execution, for the party may have become insane, or may plead pregnancy,
or a pardon, or an act of grace, or diversity of person, that he is not
the same that was attainted. _1 Bl. Com._ 396.
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