It can be nothing to the woman—possibly herself remarried—whether the man remarries or not; that is, can affect only her feelings, and only such of them as are least creditable to her. Yet her self-interest is enlisted against him to do him incessant disservice. By merely caring for her health she increases the sharpness of his punishment—for punishment it is if he feels it such; every hour that she wrests from death is added to his “term.” The expediency of preventing a man from marrying, without having the power to prevent him from making his marriage desirable in the interest of the public and vital to that of some woman, is not discussable here. If a man is ever justified in poisoning a woman who was once his wife it is when, by way of making him miserable, the state has given him a direct and distinct interest in her death. VIII With a view, possibly, to promoting respect for law by making the statutes so to conform to public sentiment that none will fall into dis-esteem and disuse, it has been proposed that there be recognition of sex in the penal code, by making a difference in the punishment of men and of women for the same crimes and misdemeanors. The argument is that if women were “provided” with milder punishment juries would sometimes convict them, whereas they now commonly get off altogether. The plan is not so new as might be thought. Many of the nations of antiquity of whose laws we have knowledge, and nearly all the European nations until within a comparatively recent time, punished women differently from men for the same offenses. As recently as the period of the Early Puritan in New England women were punished for some offenses which men might commit without fear if not without reproach. The ducking-stool, for example, was an appliance for softening the female temper only. In England women used to be burned at the stake for crimes for which men were hanged, roasting being popularly regarded as the milder punishment. In point of fact, it was not punishment at all, the victim being carefully strangled before the fire touched her. Burning was simply a method of disposing of the body so expeditiously as to give no occasion and opportunity for the unseemly social rites commonly performed about the scaffold of the erring male by a jocular populace. As lately as 1763 a woman named Margaret Biddingfield was burned in Suffolk, England, as an accomplice in the crime of “petty treason.” She had assisted in the murder of one of the king’s subjects (her husband), the actual killing being done by a man; and he was hanged, as no doubt he deserved to be. For “coining,” too (which, also, was “treason”) men were hanged and women burned. This distinction between the sexes was maintained until the year of grace 1790, after which female offenders ceased to have “a stake in the country,” and like Hood’s martial hero, “enlisted in the line.”