Reconceiving Motherhood

Abstract

Colonial authorities prosecuted surprisingly few women for the crimes of abortion and infanticide in viceregal Mexico. Although criminal courts tried hundreds of such cases in the nineteenth century, only a handful of trials survive from Mexico’s colonial era. This article examines criminal and inquisition records, jurisprudence, and medical texts to try to explain this discrepancy. The available evidence suggests that women in colonial Mexico did commit infanticide and abortion much more frequently than the surviving documentary record implies but that neither their peers nor courts viewed the crimes as harshly as they would in later periods. Women successfully concealed the crimes, the public declined to view these acts as criminal, and criminal courts treated them with leniency. Justices, members of the public, and mothers themselves privileged other factors, particularly fiscal concerns and the maintenance of codes of female honor, above a concern with the crimes of infanticide and abortion.