NOTE K.--CHILD-MURDER.

The Scottish Statute Book, anno 1690,

CHAPTER 21, in consequence of the

great increase of the crime of child-murder, both from the temptations to

commit the offence and the difficulty of discovery enacted a certain set

of presumptions, which, in the absence of direct proof, the jury were

directed to receive as evidence of the crime having actually been

committed. The circumstances selected for this purpose were, that the

woman should have concealed her situation during the whole period of

pregnancy; that she should not have called for help at her delivery; and

that, combined with these grounds of suspicion, the child should be

either found dead or be altogether missing. Many persons suffered death

during the last century under this severe act. But during the author's

memory a more lenient course was followed, and the female accused under

the act, and conscious of no competent defence, usually lodged a petition

to the Court of Justiciary, denying, for form's sake, the tenor of the

indictment, but stating, that as her good name had been destroyed by the

charge, she was willing to submit to sentence of banishment, to which the

crown counsel usually consented. This lenity in practice, and the

comparative infrequency of the crime since the doom of public

ecclesiastical penance has been generally dispensed with, have led to the

abolition of the Statute of William, and Mary, which is now replaced by

another, imposing banishment in those circumstances in which the crime

was formerly capital. This alteration took place in 1803.

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