Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/461

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Ch. 15.
of Persons.
445

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[1]. But, with us, in the politer reign of Charles the ſecond, this power of correction began to be doubted[2]: and a wife may now have ſecurity of the peace againſt her huſband[3]; or, in return, a huſband againſt his wife[4]. Yet the lower rank of people, who were always fond of the old common law, ſtill claim and exert their antient privilege: and the courts of law will ſtill permit a huſband to reſtrain a wife of her liberty, in caſe of any groſs miſbehaviour[5].

These are the chief legal effects of marriage during the coverture; upon which we may obſerve, that even the diſabilities, which the wife lies under, are for the moſt part intended for her protection and benefit. So great a favourite is the female ſex of the laws of England.

  1. Nov. 117. c. 14. & Van Leeuwen in loc.
  2. 1 Sid. 113. 3 Keb. 433.
  3. 2 Lev. 128.
  4. Stra. 1207.
  5. Stra. 478. 875.