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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