Unity of person in criminal law.
The unity of husband and wife was not so strongly affirmed by the common law when it dealt with their relation to criminal matters. When a wife committed an offense against the state she possessed a separate and distinct life and personalty, for the purposes of punishment. It is true that she was still inferior and this distinction was recognized and emphasized by the difference in the penalties imposed for the commission of the same crimes, these penalties being in inverse ratio to the importance of the criminal.
Theft, burglary, etc.
If a wife committed theft, burglary or other offenses in the company or presence of her husband, the law presumed that she acted under compulsion and held her not guilty, but this presumption did not extend to cases of murder or treason, and it might always be overcome by proof that she acted independently. Presumption of innocence. The exception in cases of murder or treason, we are informed, was not alone because of the magnitude of the crimes, but rather on account of "the husband having broken through the most sacred tie of social community by rebellion against the state, had no right to that obedience from a wife which he himself, as a subject, had forgotten to pay."
Murder of wife.
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." Murder of husband. 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.
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.
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.