What is happening in this picture?

Why is it happening?

An act of 1752, "for better preventing the horrid crime of

murder", stated that the bodies of those found guilty of murder

and hanged should either be given to surgeons to be

"dissected and anatomised" or hung in chains.

By increasing the terror and the shame of the death penalty, these practices were meant to increase the deterrent effect of capital punishment. They were abolished in 1832 (dissection) and 1834 (hanging in chains).

• Define each of the separate crimes connected with homicide.

• Explain why each of the crimes was treated in a very different way.

By the end of the lesson you should be able to.....

Using the cards you have been given, match the crimes with the definitions.

Decide which punishment(s) would have been given for each of the crimes

Once you have done this, decide which of the crimes you think would have been considered the most serious, and why.

Infanticide

What similarities can you find between the cases of Infanticide (both those convicted and those found not guilty)?

What reasons can you find within the extracts to explain why the women were charged with Infanticide?

Look at the cases where the women were found not guilty. Why do you think these women were not convicted?

Look at the cases where the women were found guilty. Why were these women found guilty?

6th September 1677. The first person that received Trial this Sessions, was a young Woman for the horrid Crime of Murder, charged to have been unnaturally committed on her own Female bastard Child , on the 17th of July last: She had been for some time suspected to be with child, but it did not appear any body had burthen'd her therewith. She was delivered alone, and had laid the Child in a Trunk; but being very sick, a woman (at whose house she lay) upon some suspicion sent for a Midwife, who declaring that she had had a Child, the now Prisoner at last confest it, and they found it lockt up in the Trunk as aforesaid. The Prisoner alleadged it was still-born, and upon view of the Body there did not appear the least mark of wound, bruise, or other violence used: So that thereupon, and her voluntary Confession, &c. the Jury not believing that she had actually murdered the Infant, brought her in Not guilty

Mary Naples, 28th February 1681 Mary Naples was Indicted for Murthering her Male Infant , but it being proved she had a Husband, it was not comprehended in the Statute of King James, provided for the preventing lude women from Murthering their Bastard Children, so she was found not Guilty

15th January 1675. The day whereon this tragedy was acted, this unnatural Mother Orders her Nurse to make her a Sea-Coal fire in her Chamber, and to blow it up well pretending she was cold; this being done, she sends the aforesaid Nurse upon some arrand out of doores; and then takes her little Infant in her hands, and having first opened a place in the top of the fire, by removing some of the Cools, she cruelly thrust the poor Innocent into it, and then threw the Coals upon it, where it was burned to Death; A little while after the Nurse returning and perceiving some of the Child cloths upon the fire, snatching to take them off, caught hold of some part of the Child that was not then consumed, whereupon Surprized with the horror of the sight, she shreikt out and askt who had done it, which the Cruel Mother presently confessed to be her self, and was thereupon taken into the hands of Justice, and at this Sessions tryed for her Life, as I have before told you, she was at last Cleared by the Jury who juded her not to be of sound mind before, and at the time of doing the fact, and therefore brought her in not Guilty .

Infanticide – Not Guilty

Key Words: Aforesaid: As said previously Murther/Murthering : Murder/MurderingBastard: Child born to unmarried parents

ANN Price, 13th April 1681 ANN Price was Arraigned and Tried for felloniously Murthering her Bastard Male-Infant in the Parish of St. Margaret's Westminster ; the circumstances thus, She having lived in the nature of a Servant with a Gentlewoman; as she confessed, was got with Child by a Man that was her fellow Servant; and carried it so cuningly, that no Person in the house did in the least suspect her till after she was delivered, which was without help, when wraping the Child in an Apron. She locked it up in her Box; and rising betimes in the Morning, made a Fire and went to Bed again; so that her Mistris finding her out of order, began to examine the cause; whereupon supspecting what had happen'd, she got a Midwife, who upon inquiry found she had been delivered; the which she stoutly denied, but at last confessed she had, the Child being still Born, and that she had locked it in her Box. where it was accordingly found, this being sworn by the Witness; her Answer was, That she finding her pains come fast upon her: knocked with her shoo, as loud as possible, but could make none hear her, by reason she lay up three pair of stairs; but the concealing of the Child, being a material Point of Evidence against her; upon the reciting the Statute, she was found guilty of Murther.

Margaret Price, 9th September 1696 Margaret Price of the Parish of Istleworth , was Indicted for the Murther of her Female Bastard Child , on the first of July last. It appeared that the Churchwardens of the Parish suspecting that she was with Child, she lately having a great Belly, seemed as if she had lost it, they sent their Beadle and a Midwife to search her; the Midwife taking some Women with her went to her, and she confessed that she had miscarried, and had thrown it into a Cart-rutt. But it was further observed that she was so far gone, that it could not be put there; they searched about, and in the Garden, under a little Dunghil, they found the Child hid, which they did think was at its full time. The Prisoner could not deny the Fact, but said that it was born dead, she having hurt her self, and that she did cry, out when she was delivered, but could not prove it. The Jury found her guilty of Murther.

Infanticide – GuiltyMary Baker , Servant to Edward Groome in Drury-Lane , was tried for the wilful murther of her Male-infant Bastard-child, which she did on the 2d Instant ; upon Evidence it appeared, That in the Garret, where she lay, there were some symptoms of a Child being born, and that she used to tell her Mistress that she had the Dropsy, but last Monday was Sevennight, she was found in the Kitchen with the Child lying upon the ground dead by her, wrapt up in an old shift; there was no sign of any hurt done to the Child: The Prisoner said for her self, that the Child was dead born, and that she made provision of Clouts, &c. but she could prove nothing; then the Statute of the 21st of King James the First was read to her, viz. Except such Mother can prove that the Child was born dead by one Witness as least, then she shall be accounted guilty, which she could not prove; so she was found guilty of the Murther.

Key Words: Garret : Very poor housing, usually one room. With Child: Pregnant. Clouts: Nappies

Infanticide Manslaughter Murder Petty Treason

The killing of a new born child. Most cases infanticide involved unmarried mothers, and were prosecuted under a 1624 statute which dictated that if the death of the baby was concealed, the mother was presumed guilty of infanticide unless she could prove that the baby was born dead. The requirement placed on the defendant to prove her innocence was a reversal of the normal practice of requiring the prosecution to prove guilt. For most of the eighteenth century, however, women were acquitted of this charge if they could demonstrate that they had prepared for the birth of the baby, by, for example, acquiring some kind of clothing for the child. This statute was repealed in 1803, when proof of the murder became a requirement for conviction. This statute also empowered juries to return a lesser-verdict of concealment of birth, punishable by a maximum of two years imprisonment.

An unlawful killing without premeditation or malice. Deaths which occurred in the course of fights, or during legitimate activities such as physically disciplining one's wife or servant, or driving, were typically tried as manslaughter. Many people initially charged with murder were actually convicted of manslaughter, on the grounds that the killing was not premeditated.

Premeditated, deliberate killing. Many people tried for this offence, notably duellists, were convicted of the lesser offence of manslaughter. Between 1752 and 1832 the Murder Act dictated that that the bodies those executed as murderers should either be delivered to the surgeons to be "dissected and anatomised" or hung in chains.

This is an aggravated form of murder defined by the Treason Act of 1351 as the killing of a master by a servant, a husband by his wife, or an ecclesiastical superior by his inferior. Because such crimes subverted normal hierarchies, the punishment was more severe: women convicted of this crime were (until 1790) sentenced to be burned at the stake, while men were to be drawn on a hurdle, hanged, and quartered. Petty treason was abolished in 1828 when it ceased to be an offence distinct from murder.

Miscellaneous Killing This category includes indictments for assaults which resulted in a death. Most trials falling in this category simply do not specify any of the types of murder or manslaughter listed above.

Infanticide Manslaughter Murder Miscellaneous Killing

Petty Treason

The killing of a new born child. The mother was

presumed guilty unless

she could prove that she was

innocent. It was not until 1803 that proof of the murder became a

requirement for conviction.

An unlawful killing without premeditation

or malice. Deaths which

occurred in the course of fights,

or during legitimate

activities such as physically disciplining

one's wife or servant, or

driving, were typically tried

as manslaughter.

Premeditated, deliberate

killing. Between 1752 and 1832 the Murder Act dictated that

that the bodies those executed as murderers should either

be delivered to the surgeons to be "dissected

and anatomised" or hung in chains.

This was used for any killings that simply did not fit into any other category.

Defined by the Treason Act of 1351 as the killing of a

master by a servant, a

husband by his wife, or an

ecclesiastical superior by his inferior (e.g. A

Bishop by a Priest). In 1828 these killings

ceased to be a separate offence to murder.

Infanticide Manslaughter

Murder Petty Treason Miscellaneous Killing

Death BrandingImprisonmentFinesDeath

Death Burned at the StakeDrawn on a hurdle (dragged to the place of execution), hanged, quartered

Death

Death (method not specified)

Branding Imprisonment

Fines Burned at the StakeDrawn on a hurdle

(dragged to the place of execution), hanged,

quartered