Abstract
In most nations that still execute prisoners—including the U.S.—it is illegal to execute a pregnant person. In English common law, women have been permitted to “plead the belly” in one form or another since the 14th century, and this fact is sometimes misconstrued by anti-choice and forced-birth advocates as evidence of a long legal tradition of protection for the lives of fetuses. In fact, it is merely evidence of a long history of legal inconsistencies in the ways laws were applied and sentences carried out against women, for whom there were fewer options for clemency than for men. This brief discussion tries to introduce some nuance into historical understanding of pregnancy by looking into belly pleas; its chief case study is the infamous case of Anne Bonny and Mary Read, who did actually plead the belly following being convicted for piracy, but whose actual pregnancies, I contend, have never been established.
Keywords
Anne Bonny, Mary Read, plead the belly, Matthew Hale, William Blackstone, pregnancy
Recommended Citation
Powell, Manushag N.
(2023)
"The Quick and the Dead (and the Transported),"
ABO: Interactive Journal for Women in the Arts, 1640-1830: Vol.13: Iss.2, Article 14.
http://doi.org/10.5038/2157-7129.13.2.1378
Available at:
https://digitalcommons.usf.edu/abo/vol13/iss2/14
Included in
Common Law Commons, Cultural History Commons, Feminist, Gender, and Sexuality Studies Commons, Law and Gender Commons, Legal Commons, Literature in English, British Isles Commons, Literature in English, North America Commons