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Its provisions mirrored these of the 1624 statute in England, specifically that the onus was upon the mother to show her innocence of the crime and that the kid had been born lifeless. It will discover the motives of the ladies who dedicated the crime and the strategies they employed to carry it out and the way this stuff impacted upon their treatment in the courts. In addition, as youngster homicide accounted for an amazing majority of the total variety of women tried for murder earlier than the courts, this research offers a singular insight into the punishment of girls in this period. In terms of the wider purpose of this guide, particularly to chart the altering use and implementation of capital punishment in Scotland between 1740 and 1834, the crime of infanticide is an important area of analysis as this period witnessed a gradual shift in judicial responses towards it.

Scottish Women From History You Should Know

For example, Elizabeth Paul was first tried in Glasgow in 1778 for theft from a bleachfield. She had petitioned the court docket and was banished from Scotland for all times.73 She was apprehended for a similar crime and once more introduced before the Glasgow Circuit Court in 1782.

Similar efforts had been made, but failed, to secure a pardon for Jean Craig, whose case was detailed within the dialogue of the 1780s as a peak period of executions in Chap. Therefore, this research of the ladies capitally convicted in the 1780s supports the argument made in Chap. three, specifically that there was not a great public need, particularly at a local level, to send all criminals convicted of capital crimes to the scaffold.

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Comparatively, of the 36 women executed for homicide, there have been only 5 circumstances the place the victim was a stranger to them. Of the remaining instances, 23 women had been convicted of infanticide, or child homicide, 4 had murdered their husbands and 4 had murdered other family members including siblings and in-laws. An in-depth exploration of those women, including their motivations for homicide and their chosen strategies of killing, highlights a fresh and useful perspective of the domestic lifetime of some Scottish women across this era. It supplies a special angle from which to view the eighteenth- and nineteenth-century wife and mom and, crucially, reveals the various responses to women who violated these roles via murder. It will first examine the ladies capitally convicted for the crime of murder.

Do Women Have Anything Left That We Can Call Our Own?

In these cases, the methods of killing had been explicitly linked to the first motive of concealment. The locations at which the women had given start, and at which the our bodies have been later discovered, including a park, a subject and even a dunghill, had been key as they afforded privacy. Despite its adverse implications for the unmarried home servant on this interval, the bearing of an illegitimate youngster didn’t drive all women to commit the crime of infanticide. Anne Mackie was a widow with four kids from her marriage when she began a relationship with a youthful man named James Gray. However, when she revealed her being pregnant to him he refused to marry her and he or she strangled the child at start.37 Agnes McCallum had given start to an illegitimate toddler on the age of sixteen but the youngster was left in the care of the father in Greenock when she moved to Paisley to work as a bleacher.

Edinburgh Companion To Scottish Women’S Writing

Margaret Shuttleworth and her husband Henry had been married for 15 years and ran the Hope Inn in Montrose however accounts of their volatile relationship provided to the court docket throughout her trial for his homicide highlighted Margaret’s neglect of her expected duties as a wife. She was accused of being often drunk and “outrageous along with her tongue”, usually cursing and swearing at her husband. On the night of Henry’s death, Margaret had rushed to a neighbour’s house crying that he had been murdered. In the court, Margaret maintained her plea of innocence and claimed that any number of people might have dedicated the crime as it was a market day and there have been many individuals passing via the inn.

Compared to different property offences, the crime of theft stood out in that, by its very definition, it included both the use or menace of violence. In nearly all of the remaining 250 instances the place women had acquired some type of punishment for the crime of kid homicide, the Scottish authorized system had allowed them to petition the courts earlier than the start of their trials. Comparatively, in the same interval, there have been solely three women capitally convicted for the crime with two of them, Agnes McCallum and Barbara Malcolm, subsequently executed. Their instances are detailed above and stand out from other click here. examples of infanticide as their children have been months old at the time of the murders and these women have been belived to have acted with premeditation rather than through panic or mistake during the birth, as in another circumstances. For example, Christian Fren had feigned sickness to her mistress and retired to her bed room however when she later went to examine on her she may scent a “nauseous burning.” Christian had given delivery in secret and had thrown the child into the fireside.

What is evident is that a examine of using the dying sentence against women enhances our understanding of how the Scottish experience can reinforce patterns evident within the wider British historiography. However, it cannot merely be assimilated into this body of work because of the distinctions of both the Scottish legal system and their judicial and in style responses to feminine criminality. Following the capital conviction of Jean Lindsay and Henrietta Faulds for theft in 1784, petitions sent from Glasgow stated that thousands of its inhabitants wished for the extension of mercy and begged for the assistance of the Lord Advocate in securing a pardon.seventy seven Despite their efforts Jean was executed. As Henrietta claimed she was pregnant her sentence was delayed for a sufficient time to secure her a pardon on condition of banishment.

This time she was sentenced to be whipped by way of the streets of the town before she was again banished from Scotland for all times.seventy four On her third appearance earlier than the courtroom for the crime she had stolen four items of material valued at £6 6s. However, it’s the argument right here that this alone did not at all times ship them to the scaffold. Instead, the chronology of the instances was an important consider sealing their destiny.

Those that did meet their end on the gallows arrived there, for the most part, as a result of a mixture of the difficulties facing the courts in sentencing suitably harsh options and the truth that four of the six women were repeat offenders. In six of the 9 cases the courts heard how the women had been repeat offenders. In 4 of those cases the women had illegally returned from earlier sentences of banishment from Scotland for earlier property crimes.

At the age of 30 she had given birth to a different child but on this case the daddy was a married man. When the infant was 5 months old she had asked him for more cash to pay for a nurse and when he refused she poisoned the kid with vitriol. In Agnes’ case the financial implications of having no male help had been crucial in her motive for the homicide. The theme of illegitimacy as a motive is pervasive in studies of infanticide and that is mirrored in the fact that, of the 23 women executed for the crime, their sufferer was an illegitimate child in all but one of the circumstances. The 1690 Scottish ‘Act Anent Murthering of Children’ directed juries to capitally convict women who had concealed their being pregnant and the start of an illegitimate toddler that had subsequently died, with or with out direct evidence of homicide.

Etymology Of Scotland

The places at which the our bodies have been found in addition to the strategies of killing have been closely decided by these elements. In turn, these motivations have been dwelled upon in the courts to safe convictions although, because the period progressed, these points have been extra heavily debated upon.

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