MATRONS, JURY OF. When a widow alleges herself to be with child by her late husband, and it is suspected that she is not pregnant, or not so by the husband, a writ do ventre inspiciendo may be obtained out of chancery, on behalf of the next heir, whose rights might be prejudiced by a supposititious, or spurious, child. Under this writ a pry of "discreet and lawful women " is impannellod, to try, by inspection of her person (et ubera et ventrem tractando), whether the widow is with child or not, and if with child, to inquire of the time of conception, and of that of the expected delivery. If the widow be found to be pregnant, the sheriff, on returning the writ, certifies the oourt of common pleas to this effect; whereupon the widow, unless she be remarried (in which case she is not to be taken from her husband), is to be kept in a coati°, or other safe place, until her delivery, in order, as far as possible, to prevent any Child being improperly introduced as the issue of the husband, to the dialierison of the heir. (Bmcton, lib. 2, cap. 32; Croke, Elia., 566; 6 Vevey, 260; 21 Viner'a 'Abr.', 447.) In the parliament roll of 9 Edw. II. (I ' Rot. Parl.,' 353, 354), is a curious proceeding, instituted on the 13th July, 1315, by the sisters and coheirs of Gilbert de Clare, earl of Gloucester, who had died on the 30th June, 1314, to recover their inheritance out of the king's hands, notwithstanding the alleged pregnancy of the countess, his widow. At the parliament held in January following, (more than sightecu months after the death of the earl), the king's sergeants' insisted that it was still the duty of the crown to retain posaeasion of the estate for the benefit of the expected offspring, whose birth had from natural cams (perznittente naturA) been so long deferred; and it was not until Kanter term, 1;16, that the impediment was treatod ay removed.
A jury of matrons is also summoned to inquire into the fact of pregnancy in cases whore a woman convicted of treason or felony, upon sentence of death being pronounced, pleads, in stay of execution, that Alio is with child. If the matrons impannelled to try this allegation
find it to be true, the convict, whether she be married or unmarried, is respited until after her delivery. In some of the cases reported, the matrons have been directed to inquire whether the convict is quick with child ; in other cases, and those by far more nnineroun, the inquiry seems to have been general, namely, yrreanaut or not pregnant. (Hawkins P. C.', book ii., cap. 51, see. 9.) As the child is now known to have the same degree of foetal life before as after the change of position which occasions the sensation called quickening, the latter form of the inquiry appears to be not only the more humane but also the more correct ; more especially as the law has now rejected the distinction between quick and not quick, in cases of attempts to procure abortion. (7 'WU IV. & I Viet., c. 85, a. 6.) After delivery the convict is not to be executed without an award of execution by the court. But when called upon to say why execution should not be awarded against her, the convict cannot plead that she is again with child ; such further pregnancy being considered not to be a sufficient ground for suspending, for a second tints, the execution of tho sentence. The jailor is, under such circumstances, punishable for his negligence. But if the ground of the first postponement was the preservation of the infant, there seems to be no reason why the life of the second child should be sacrificed. Blackst. Corn.' by Christian, vol. iv. p. 395; by Kerr, iv. p. 465.
The form of proceeding where a woman alleges herself to be with child by her Late husband, which is described in the passage of Bracton already referred to, is evidently taken from the Roman form of pro ceeding in a similar case, as described in ' Dig.' 25, tit. 4, " De Inapi ciendo Ventre, cuatediendeque Partu."