If a woman administers to herself any poison or other noxious thing, or unlawfully uses any instrument or other means to procure her own miscarriage, she is guilty of felony.
There was a miscarriage, and on the 29th of January 1536, the day of Catherine's funeral, she gave birth to a dead male child.
1 In practice the prerogative is extremely valuable, when used with discretion, as a means of adjusting the different degrees of moral guilt in crimes or of rectifying a miscarriage of justice.
Anne took advantage of his absence to demand possession of the prince, and, on the "flat refusal" of the countess of Mar, fell into a passion, the violence of which occasioned a miscarriage and endangered her life.
Whatever may have been the exact view taken by the common law, the offence was made statutory by an act of 1803, making the attempt to cause the miscarriage of a woman, not being, or not being proved, to be quick with child, a felony, punishable with fine, imprisonment, whipping or transportation for any term not exceeding fourteen years.
It cannot, however, be shown that the leaders of the church at this time sought to procure the miscarriage of justice in dealing with such cases.
Popular Protestant feeling ran very high at the time, partly in consequence of the recent establishment of a Roman Catholic diocesan hierarchy by Pius IX., and criminal proceedings against Newman for libel resulted in an acknowledged gross miscarriage of justice.