Legal Definitions - plead (one's) belly

The term plead (one's) belly is a historical legal phrase referring to a defense used by female defendants who claimed to be pregnant in order to delay or avoid a court's sentence, particularly capital punishment (execution) or transportation (forced exile). This plea was rooted in the legal principle that a pregnant woman should not suffer such severe penalties until after the birth of her child.

When a female defendant made such a claim, a special jury, often composed of married women known as "matrons," would be appointed by the court to examine her. If this jury determined she was "quick with child"—meaning in an advanced state of pregnancy—her sentence would be postponed until after the child's birth or a miscarriage. While this specific plea and the use of a jury of matrons are no longer part of modern legal procedure, the underlying prohibition against executing a pregnant woman remains a recognized legal principle today.

Here are some examples illustrating how this term would have applied historically:

• Imagine a woman in 18th-century England, convicted of highway robbery, a crime punishable by hanging. To avoid immediate execution, she might plead her belly, claiming she was pregnant. A jury of matrons would then be called to verify her claim. If confirmed, her execution would be delayed until after the child's birth, potentially giving her more time or even a chance for a pardon or a commutation of her sentence.

• Consider a woman in the early 19th century, found guilty of grand larceny, a crime that often resulted in transportation to a penal colony in Australia. Facing a long and arduous journey and forced exile, she could plead her belly. If her pregnancy was verified by the matrons, her departure would be postponed, allowing her to give birth before being sent away. This might have been a strategic move to avoid the harsh conditions of early transportation while pregnant, or to keep her child with her for a period.

• Picture a woman in the mid-17th century who has been convicted of witchcraft, a capital offense. After being sentenced to death, she pleads her belly. The court, while often skeptical of such claims, would be legally bound to appoint a jury of matrons. If the matrons declared her to be "quick with child," her execution would be delayed. However, the court would closely monitor her to ensure the pregnancy was legitimate and that the delay was not merely a tactic to indefinitely postpone her punishment, reflecting the historical suspicion surrounding this plea.