Changing Attitudes Toward Infanticide in 18th Century London
Disciplines
European History
Abstract (300 words maximum)
In 1623, the statute to “prevent the destroying and murthering of bastard children” was passed in England under James I. This act called for the death penalty on any woman tried and found guilty of infanticide of a child born out of wedlock. Through the study of infanticide cases in the Old Bailey Proceedings, it appears that magistrates and the court system typically abided to the guidelines set forth by this act throughout the seventeenth century. However, by the early to mid-eighteenth century and onward, increasingly more women were being acquitted for this crime rather than being condemned to death, despite presenting similar evidence to that of the women executed in the past. This research essay seeks to answer why those involved in the justice system during this time period became increasingly lenient to mothers accused of this crime, regardless of the aforementioned statute still being in place. Additionally, the research will attempt to answer whether this change was initiated due to general societal and cultural attitudes or from an authoritative influence. One argument that suggests a legal influence is the introduction of the 1733 Bastardy Act enacted under George II. This statute placed responsibility on the fathers of bastard children to provide financial support or repay the parish that had been supporting the child and mother. This law lifted some burden off of the mothers, but it lifted even more burden off of the parishes whose responsibility was to provide for the sick and poor. While this act was put in place around the time attitudes toward these women changed, it still does not fully explain the cause behind the change but rather may be a reaction to it. This research will consist of those statutes, the Old Bailey Court Proceedings, parliamentary debates, and newspapers in order to answer this question.
Academic department under which the project should be listed
RCHSS - History & Philosophy
Primary Investigator (PI) Name
Amy Dunagin
Changing Attitudes Toward Infanticide in 18th Century London
In 1623, the statute to “prevent the destroying and murthering of bastard children” was passed in England under James I. This act called for the death penalty on any woman tried and found guilty of infanticide of a child born out of wedlock. Through the study of infanticide cases in the Old Bailey Proceedings, it appears that magistrates and the court system typically abided to the guidelines set forth by this act throughout the seventeenth century. However, by the early to mid-eighteenth century and onward, increasingly more women were being acquitted for this crime rather than being condemned to death, despite presenting similar evidence to that of the women executed in the past. This research essay seeks to answer why those involved in the justice system during this time period became increasingly lenient to mothers accused of this crime, regardless of the aforementioned statute still being in place. Additionally, the research will attempt to answer whether this change was initiated due to general societal and cultural attitudes or from an authoritative influence. One argument that suggests a legal influence is the introduction of the 1733 Bastardy Act enacted under George II. This statute placed responsibility on the fathers of bastard children to provide financial support or repay the parish that had been supporting the child and mother. This law lifted some burden off of the mothers, but it lifted even more burden off of the parishes whose responsibility was to provide for the sick and poor. While this act was put in place around the time attitudes toward these women changed, it still does not fully explain the cause behind the change but rather may be a reaction to it. This research will consist of those statutes, the Old Bailey Court Proceedings, parliamentary debates, and newspapers in order to answer this question.