Elizabeth Pain - Biography

Biography

Pain was a spinster who had a child out of wedlock, considered evidence of illegal fornication. She later married Samuel Pain.

On March 6, 1692, the child died. Pain was brought to trial for murder in 1693. She was found not guilty of murder but was found guilty of negligence in not seeking help. She was fined and ordered to be whipped with twenty lashes. According to court records:

Elisabeth Payne spinster being presented by the Grand Jury, in March last for murdering of hir child was now brought to the Barr & Indicted by the name of Elizabeth Payne spinster for not hauing the feare of God before hir eyes & being led by the Insitgation of the diuil did on our about the 6th day of March last wilfully murder hir child Contrary to the Peace of our Soueraigne Lord the king his Crowne & dignity the lawes of God and of this Jurisdiction holding vp hir hand at the Barr pleaded not Guilty & put hirself on tryall by God & the Country. Accordingly after the Indictment & euidences produced were read Comitted to the Jury and are on file the Jury brought in their virdict not Guilty according to Indictment but greatly negligent in not Calling for help for the preservation of the childs life. The Court on Consideration of the Case for hir fornication sentenct hir to be whipt with twenty stripes paying & discharging the charge of her trjall & fees of the Court stands Comitted till the sentence be performed.

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