ABSTRACT
The historical development of the criminal law with respect to abortion is interesting not only because of its intimate connection with religious ideology and medical science: it also illustrates the interest which the criminal law has long had in exercising some control over the circum stances of human reproduction. The close relationship which the practice of abortion and infanticide share is also im portant to understand if one is interested in the nature of the involvement of the criminal law in human reproduction. All of these issues essentially came together in Lord Ellenborough’s Act, 18031 as abortion at any stage of pregnancy became a statutory felony, although the ecclesiastically inspired distinction of quickening was retained to dem arcate the graver offence. The Act also effected a change in the law concerning concealment of illegitimate birth by repealing an old and very punitive statute of 1623.
