Scarlet Letters: Getting the History of Abortion and Contraception Right
http://www.americanprogress.org/issues/religion/news/2013/08/08/71893/scarlet-letters-getting-the-history-of-abortion-and-contraception-right/
If recent legislation passed in Arkansas and North Dakota is allowed to stand, it will be harder for women to get an abortion in those states than it was in New England in 1650. Legislators in Little Rock and Bismarck have passed new restrictions that ban abortions according to when a fetal heartbeat is detected, which can occur as early as six weeks into a pregnancy. Federal judges have blocked the new restrictions until legal challenges to their constitutionality are settled. But the six-week deadline contrasts starkly with early American abortion law, where the procedure was legal until “quickening”—the first time a mother feels the baby kick, which can happen anywhere from 14 weeks to 26 weeks into pregnancy.
Abortion was not just legal—it was a safe, condoned, and practiced procedure in colonial America and common enough to appear in the legal and medical records of the period. Official abortion laws did not appear on the books in the United States until 1821, and abortion before quickening did not become illegal until the 1860s. If a woman living in New England in the 17th or 18th centuries wanted an abortion, no legal, social, or religious force would have stopped her.
...
In reality, the Puritans were much more lighthearted than is commonly thought, and in some ways, they were quite progressive when it came to sexual conduct. Puritans believed that marital sex for pleasure was important and that marriage was a contract of love, not just economics. Although premarital and extramarital sexual relationships were illegal, they were so common that enforcement was never very strict. The legal documents of the time are rampant with recorded “sexual offenses,” and the percentage of firstborn children born early or completely out of wedlock hovered at around 40 percent during the colonial era. Since the Puritans believed that one could be godly without children and that life began when a mother felt her baby kick, their strict religious code had no need to outlaw abortion before quickening.
The Puritans brought their laws on abortion from merry old England, where the procedure was also legal until quickening. Although the Puritans changed much of England’s legal system when they established their “city upon a hill,” they kept abortion as a part of Puritan family life, allowing women to choose when and if they would become mothers—whether for the first time or the fifth time.