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It may be well to fortify this point by a racy extract from that rare and amusing old book, the pioneer of its class, entitled "The Lawes Resolutions of Women's Rights, or the Lawes Provision for Woman. A Methodicall Collection of such Statutes and Customes, with the Cases, Opinions, Arguments, and Points of Learning in the Law as doe properly concern Women." London: A.D. 1632. pp. 404. 4to. The pithy sentences lose immeasurably, however, by being removed from their original black-letter setting.
"Lib. III Sect. VII, The Baron may beate his Wife.
"The rest followeth, Justice Brooke 12. H. 8. fo. 1. affirmeth plainly, that if a man beat an out-law, a traitor, a Pagan, his villein, or his wife, it is dispunishable, because by the Law Common
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It may be well to fortify this point by a racy extract from that rare and amusing old book, the pioneer of its class, entitled "The Lawes Resolutions of Women's Rights, or the Lawes Provision for Woman. A Methodicall Collection of such Statutes and Customes, with the Cases, Opinions, Arguments, and Points of Learning in the Law as doe properly concern Women." London: A.D. 1632. pp. 404. 4to. The pithy sentences lose immeasurably, however, by being removed from their original black-letter setting.
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"The rest followeth, Justice Brooke 12. H. 8. fo. 1. affirmeth plainly, that if a man beat an out-law, a traitor, a Pagan, his villein, or his wife, it is dispunishable, because by the Law Common these persons can haue no action: God send Gentle women better sport, or better companie.
"But it seemeth to be very true, that there is some kind of castigation which Law permits a Husband to vse; for if a woman be threatned by her husband to bee beaten, mischieued, or slaine, Fitzherbert sets donne a Writ which she may sve out of Chancery to compell him to finde surety of honest behauiour toward her, and that he shall neither doe nor procure to be done to her (marke I pray you) any bodily damage, otherwise then appertaines to the office of a Husband for lawfull and reasonable correction. See for this the new Nat. bre. fo. 80 f. & fo. 23S f.
"How farre that extendeth I cannot tell, but herein the sexe feminine is at no very great disaduantage: for first for the lawfulnesse; If it be in no other regard lawfull to beat a man's wife, then because the poore wench can sve no other action for it, I pray why may not the Wife beat the Husband againe, what action can he haue if she doe: where two tenants in Common be on a horse, and one them will trauell and vse this horse, hee may keepe it from his Companion a yeare two or three and so be euen with him; so the actionlesse woman beaten by her Husband, hath retaliation left to beate him againe, if she dare. If he come to the Chancery or Justices in the Country of the peace against her, because her recognizance alone will hardly bee taken, he were best be bound for her, and then if he be beaten the second time, let him know the price of it on God's name."