NCJ Number
123740
Journal
Canadian Journal of Women and the Law Volume: 3 Issue: 2 Dated: (1989-1990) Pages: 335-374
Date Published
1990
Length
75 pages
Annotation
The English law of "petit treason" is examined from a historical perspective in relation to the development of a woman's rights in the marital relation.
Abstract
Petit treason, the murder of a husband by his wife or a master by a servant or a religious inferior, was part of English law from 1351 to 1828. Under this statute, a woman who murdered her husband was not indicted for willful murder, but rather for the aggravated offense of petit treason. Until 1790, she then faced public execution by burning if convicted. The cases of several 18th century women tried for petit treason are reviewed, and the legal position of married women in the 18th century is examined. When burning at the stake was eliminated, and the law repealed, women gained a measure of formal equality in the marital relationship. But to best understand the impact of this law, one must observe not only the patriarchal nature thereof, but also the form of the law as well as the form of patriarchal relations enforced and reinforced by its existence during that time. 204 notes and appendix listing the English women indicted for petit treason. (Author abstract modified)