As always, you can find the Dobbs v. Jackson decision here.
Paragraph 2 of 2
Sentence 2 of 3
Finally. The next sentence is a single claim, and one that’s easily tracked down and confirmed:
“In Maryland in 1652, for example, an indictment charged that a man ‘Murtherously endeavoured to destroy or Murther the Child by him begotten in the Womb.’ Proprietary v. Mitchell, 10 Md. Archives 80, 183 (1652) (W. Browne ed. 1891).”
Lucky for me, the state of Maryland is gracious enough to have this document online, so here’s what I found:
“The Charge of the Lord Proprietary’s Attorney by way of
Indictment against Capt William Mitchell in the name of the
Keepers of the Liberties of England by Authority of Parliamt
ffirst That by his expressions as well as practice as will as
I conceive) appear by proofe) he hath not only professed him-
self to be an Atheist, but hath also endeavoured to draw others
to believe there is noe God, makeing a Common practice by
blasphemous expressions and otherwise to mock and deride
God’s Ordinances, and all Religion, thereby to open a way
to all wicked lustfull licentious and prophane Courses.
“Secondly :—That he hath Comitted Adultery with one
Susan Warren
“Thirdly-That he hath Murtherously endeavoured to de-
stroy or Murther the Child by him begotten in the Womb of
the Said Susan Warren And is much Suspected (if not known)
to have brought his late wife to an untimely end in her late
Voyage hitherward by Sea.
“ffourthly—That (as I conceive will appear by proofe) he hath
Since his late wife’s death lived in fornication with his now
pretended wife Joane:
“And for these and other grosse Crimes and Misdemeanors
(Sufficiently I conceive) appearing by proofe, My humble
request is that the prisoner may be brought to his Answer, and
upon a Speedy tryall may receive punishment according to
Justice to God’s glory and discharge of the Government in
that particular:
It reads as though the official who wrote that document is as much a preacher as a jurist, which raises a number of new questions that color this data point. Hell, one of Bill’s alleged “grosse Crimes and Mistemeanors” is shacking up with a woman who isn’t his wife. If these charges are listed in order of severity they’d be ranked thusly:
- Claims to be an atheist.
- Committed adultery.
- Committed abortion.
- Lived in sin.
A caveat like “things were different then” doesn’t really help the Dobbs authors.
At any rate, this claim bears out—provided we can trust that the document we’re looking at is genuine and accurately records what happened in that courtroom in 1652. This claim is true:
- “In Maryland in 1652, for example, an indictment charged that a man ‘Murtherously endeavoured to destroy or Murther the Child by him begotten in the Womb.’”
Cynical Jason 