An essay on medical jurisprudence / by James Webster.

  • Webster, James, 1803-1854.
Date:
1824
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Licence: Public Domain Mark

Credit: An essay on medical jurisprudence / by James Webster. Source: Wellcome Collection.

Provider: This material has been provided by the National Library of Medicine (U.S.), through the Medical Heritage Library. The original may be consulted at the National Library of Medicine (U.S.)

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    more, may induce abortion without the least degree of crimi- nality being attached to the female. In order to avoid any uncertainty that might exist respecting the mass discharged, a short account of the progressive develop- ment of the foetus in utero, may not be unnecessary, but perhaps useful. We shall say nothing of it at a very early period, as microscopic observations are not considered valid in forensic in- quiries,* but commence at the period when we conceive an abortion can be first proved. At about tbe forty-fifth day, the form and parts from whence the extremities are to arise, may be discerned, its length is then about ten lines ;t at sixty days, it is more perfect, and two inches in length; at three months, it is still more so, and in fourteen or fifteen weeks, according to the observations of Chaussier, all the external parts, except the hair and nails, are completely formed. It thus progressively becomes perfected, and after the end of the fourth month, when quickening takes place, there can be no difficulty in distinguish- ing it. From the fifth to the seventh month, the fcetus may be born living, but generally cannot maintain existence, hence, it is immature; after the seventh month it is completely formed in every respect except in size and weight; is capable of being- reared, and cannot therefore be considered under the head of abortion, but as premature. Instances are related in which children born between the fourth and fifth months, have been raised. In some of the earliest nations of antiquity, abortion was not only tolerated as a private act, but indirectly favoured by the laws.J According to those of Lycurgus, it was permitted with a view to preserve the number of citizens, equal to the number of lots of ground. During the reign of the Caesars, and until the time of Constantine, this practice prevailed to a considerable extent in ancient Rome. In modern times, we find in some parts of the world, that this crime is not yet abolished; but it is to be hoped, that in proportion as Christianity, which has al- ready planted the standard of peace in some of the most savage nations of the world, spreads its enlightening and benign influ- ence over mankind, will crimes so atrocious in their nature, so baneful in their effects, and so revolting to humanity, cease to be recorded on the page of history. According to the laws of most civilized nations, the degree of punishment varies according to the time at which abortion is procured; it being considered a crime of greater enormity, if committed after, than before quickening; respecting the pro- * Hutchinson, Essay on Infanticide, p. 4. t Ibi<?. \ London Medical and Physical Journal, p. 91.