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 kills it in her womb; or if any one beat her, whereby the child dies in her body, and she is delivered of a dead child; this, though not murder, was by the ancient law homicide or manslaughter.14 But at present it is not looked upon in quite so atrocious a light, though it remains a very heinous misdemeanor.15
An infant in ventre sa 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 it;16 and it is enabled to have an estate limited to its use, and to take afterwards by such limitation, as if it were then actually born.17 And in this point the civil law agrees with ours.