e courts of
Athens. (Pott. Antiqu. b. 1. c. 21.)]

[Footnote y: Co. Litt. 133.]

[Footnote z: 1 Hawk. P.C. 3.]

[Footnote a: 2 Haw. P.C. 431.]

[Footnote b: State trials, vol. 1. Lord Audley's case. Stra. 633.]

IN the civil law the husband and wife are considered as two distinct
persons; and may have separate estates, contracts, debts, and
injuries[c]: and therefore, in our ecclesiastical courts, a woman may
sue and be sued without her husband[d].

[Footnote c: _Cod._ 4. 12. 1.]

[Footnote d: 2 Roll. Abr. 298.]

BUT, though our law in general considers man and wife as one person,
yet there are some instances in which she is separately considered; as
inferior to him, and acting by his compulsion. And therefore all deeds
executed, and acts done, by her, during her coverture, are void, or at
least voidable; except it be a fine, or the like matter of record, in
which case she must be solely and secretly examined, to learn if her
act be voluntary[e]. She cannot by will devise lands to her husband,
unless under special circumstances; for at the time of making it she
is supposed to be under his coercion[f]. And in some felonies, and
other inferior crimes, committed by her, through constraint of her
husband, the law excuses her[g]: but this extends not to treason or
murder.

[Footnote e: Litt. Sec. 669, 670.]

[Footnote f: Co. Litt. 112.]

[Footnote g: 1 Hawk. P.C. 2.]

THE husband also (by the old law) might give his wife moderate
correction[h]. For, as he is to answer for her misbehaviour, the law
thought it reasonable to intrust him with this power of restraining
her, by domestic chastisement, in the same moderation that a man is
allowed to correct his servants or children; for whom the master or
parent is also liable in some cases to answer. But this power of
correction was confined within reasonable bounds[i]; and the husband
was prohibited to use any violence to his wife, _aliter quam ad virum,
ex causa regiminis et castigationis uxoris suae, licite et
rationabiliter pertinet_[k]. The civil law gave the husband the same,
or a larger, authority over his wife; allowing him, for some
misdemesnors, _flagellis et fustibus acriter verberare uxorem_; for
others, only _modicam castigationem adhibere_[l]. But, with us, in
the politer reign of Charles the second, this power of correction
began to be doubted[m]: and a wife may now have security of the peace
against her husband[n]; or, in return, a husband against h