1. Life is the immediate gift of God, a right inherent by nature in every individual; and it begins in contemplation of law as soon as an infant is able to stir in the mother's womb. For if a woman is quick with child, and by a potion, or otherwise, killeth it in her womb; or if any one beat her, whereby the child dieth in her body, and she is delivered of a dead child; this, though not murder, was by the antient law homicide or manslaughter. But at present it is not looked upon in quite so atrociousatrocious a light, though it remains a very heinous misdemesnor.
An infant in ventresa mere, or in the mother's womb, is supposed in law to be born for many purposes. It is capable of having a legacy, or a surrender of a copyhold estate made to it. It may have a guardian assigned to itq; and it is enabled to have an estate limited to it's use, and to take afterwards by such limitation, as if it were then actually bornr. And in this point the civil law agrees with ours.[1]
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