VENTRE INSPICIENDO, WRIT DE. "When a widow is sus pected to feign herself with child in order to produce a suppositious heir to the estate, the heir presumptive may have a writ de rentre inspiciendo, to examine whether she be with child or not ; and, if she be, to keep her under proper restraint till delivered ; which is entirely conformable to the practice of the civil law : but if the widow be, upon due examination, found not to be pregnant, the presumptive heir shall be admitted to the inheritance, though he bath to lose it again, on the birth of a child within forty weeks from the death of a husband." (Blackstone, ' Comm.' i. 456) The Roman practice is explained in the title of the ' Digest' (25 tit. 4): "De inspiciendo venire custodiendoque parte." The practice originated in the joint reigns of Aurelius and Verus, in a case in which a wife denied her pregnancy and the husband maintained it. The wife had separated from the husband, and probably wished to keep the child that might be born, though by law it would belong to the husband. If a woman alleged that she was left pregnant by her deceased husband, it was her duty to announce the fact to those whom it concerned, and to inform them that they might, if they pleased, send women to inspect her (qute rentrem insplczant). All the proceedings of inspection and of watch
ing the woman, if she should be reported to be with child, arc minutely prescribed in the Pnetor's Edict. The penalty in case of the woman not complying with the edict was, that the praetor would refuse to the child the bonoratin possessio.
The form of the English writ de rentre inspiciendo is given Co. Litt. 8 b. It is directed to the sheriff, and commands him to empanel a jury of twelve women to search whether she be enceinte. If they find that she is with child, another writ issues which commands that she shall be safely kept and duly inspected by the women, who must be present at the delivery.
The use of this writ is an instance in which what is called a pro ceeding at common law is taken from the Roman system. (Co. Litt. 8 b., and N. 44 in Butler's edition; Comyns, ' Digest,' Bastard, C.)