[Sidenote:  Murder of wife.]

[Sidenote:  Murder of husband.]

If a man murdered his wife it was as if he had murdered a stranger, and he might avail himself of the benefit of clergy, and secure immunity from punishment, provided he could read, but women were denied all benefit of clergy because of their sex, and because they “were not called upon to read.”  If a wife killed her husband it was a much more serious offense, he being her lord, and she was guilty of treason and subject to the same punishment as if she had killed the king.

[Sidenote:  Petit treason.]

In cases of petit treason the penalty depended upon the sex of the criminal, men being sentenced to be drawn and hanged, while women were drawn and burnt alive.

[Sidenote:  Larceny, bigamy, etc.]

In larceny, bigamy, manslaughter and other crimes, men might claim the benefit of clergy and by taking holy orders, escape all punishment, except branding in the hand and a few months imprisonment, while women might receive sentence of death and be executed for the first offense.  Later the law was changed so that in cases of simple larceny under the value of ten shillings, they might be burned in the hand and whipped, stocked or imprisoned for any time not exceeding one year.  The disability of sex and of ignorance were both finally removed and all men and women admitted to benefit of clergy.

[Sidenote:  Adultery and seduction.]

[Sidenote:  Rape.]

By the common law, adultery and seduction were not classed with crimes, but were only civil injuries for which compensation might be recovered by husband, father or guardian, but the woman, who might be wronged, had no right of action for the injury to herself, and the State did not recognize any wrong to society by an injury to the person of one who was civilly dead.  The crime of rape was punishable by death, and consent, though proved, was no defense, if the offense was committed upon a child under ten years of age.

[Sidenote:  Right of appeal.]

Magna Charta, granted by King John, while redressing many hardships and grievances incident to feudal times, and confirming and securing to the people many rights and liberties, among which was the right of the wife to dower in her husband’s property, denied to women the right of appeal except in case of the death of their husbands.  The right of appeal was the privilege of private prosecution for crime. (Analogus to our present method of commencing prosecutions by information.)

According to Blackstone, even the disabilities of the wife were for the most part intended for her protection and benefit, and he adds:  “So great a favorite is the female sex of the laws of England!”

[Sidenote:  Reason for discrimination.]