"_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 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."]