Tag Archives: rape

Causing, confusion? A medieval case from the Isle of Wight

[Warning: This post concerns an instance of sexual violence]

Documents in the King’s Bench indictment file for Hilary term 1448, and an entry on the King’s Bench plea roll, deal with the death of a woman, Joan wife of John Couke, and with accusations against a vicar on the Isle of Wight, with regard to Joan’s last few hours.[i]

Joan’s death had been the subject of a coroner’s inquest at Newport on the Isle of Wight, on Tuesday 12th September, 1447. At this inquest, the twelve jurors said on oath that John Hunter, vicar of the chapel of St Nicholas within the castle of Carisbrooke,[ii] came to Newport with force and arms (sample arms specified), against the peace of the lord king, and broke into and entered the close of a certain Edward Brutte, wrongfully, between the hours of nine and ten at night on Monday 11th Sept, 1447. There and then, he raped[iii] Joan, feloniously, and lay with her carnally. On encountering the pair in the act of intercourse,[iv] John Couke raised the hue and cry. At this, Joan fled, for shame and fear,[v] through the street called Holyrodstret, to the stream called Douks Brouke. She was found dead, with her throat cut, in this stream at around 7 a.m. on 12th September, by one John Mabyll of Newport, glover. The jurors did not know who had killed her. ‘Therefore  they said that John Hunter had caused her death.’[vi]

The matter was brought before the King’s Bench fairly swiftly – in late January, 1448, for once, an accused person who did not attempt to delay things. John Hunter said that he did not need to answer this accusation, because the indictment was not sufficient in law: the coroner did not have the power to inquire into such a matter. The court agreed that it was insufficient, and John Hunter was acquitted.

So what?

Following the usual monotonous pattern, we see yet another man (and yet another churchman) accused of sexual misconduct going free. It is important to register that. There are, however, some quite unusual aspects, hints of thinking by those involved in medieval ‘criminal justice’ which seem worth pointing out.

First, there is the narrative around the sexual offence. It features that lack of conformity with modern, consent-based, definitions of rape, and that disturbing tendency towards assigning culpability to the penetrated woman, through linguistic implication of willed action on her part. Joan is portrayed – presumably with some plausibility – as having been shamed as well as afraid, and running from the hue and cry, as if to suggest that she would be held to have been at fault.

Then there is the causation point, and it could be argued that this goes against the ideas of ‘victim-blaming’, or adoption of the rape myth that all or most women actually are complicit in their own violation. Although their attempt to form a workable indictment was, in the end, rejected by the court, the inquest jurors did choose to tell the story of the rape of Joan, in a forum which was, strictly, supposed to be confined to ‘how the deceased came by her death’ – i.e. the immediate context of that throat-slitting which occurred some hours after the rape, and which was perpetrated by person or persons unknown, and they did attempt to place blame for the death on the rapist, John Hunter, not in the sense of saying that he slit Joan’s throat, but in the broader sense that he had been culpable in creating the situation which led to her death. Ideas about causation are often rather hard to discern in the brief records of the medieval common law, so it is very interesting to see them emerging above the surface here. Causation is far from a straightforward issue, and continues to be debated in criminal law, and in tort. In truth, there is a large degree of moral choice as opposed to clear, logical, inevitability, about decisions that A caused B. This does seem to be something of an outlier, in arguing that a person should be held culpable in relation to a death perpetrated by another, on a person he harmed in a terrible but non-fatal way, at some distance in space and time from the scene of his crime. Wouldn’t it be good to be able to see how they arrived at this interpretation?

Of course, it is possible to reconcile these two apparently inconsistent aspects of the case, by imagining that, although the jurors would often in fact have been unsympathetic to a woman who was raped, their allegation that Hunter had caused Joan’s death was caused by the fact that they were really, really hostile to this particular vicar, and wished to do him a bad turn.

GS

2/7/2022

 

[i] Completists may also want to see this.

[ii] As pictured – sort of – the medieval chapel was demolished and rebuilt, as can be seen from  this,.

[iii] It’s a rapuit, with all of the potential uncertainty of that word. It seems appropriate to me to translate it as ‘raped’ here.

[iv] carnaliter communicantibus, I think.

[v] pro pudore et timore

[vi] fuit causa mortis prefate Johanne

Weapons and words: revisiting an issue from medieval sexual offence records

Updated version of this post

(This post contains references to sexual offences and sexual violence)

Despite the lack of interest in this area which is shown in the leading textbook on medieval English legal history, (you have a look at Baker’s Introduction to English Legal History editions 1-5 …), the study of sexual offences has seemed to the better sort of social historians and history-based legal historians to be something worthy of considerable attention, just as it has done to many modern legal scholars. There has been some excellent work, examining the implications of the word raptus (summary: it’s complicated) and differences over time, in terms of the basic allegations which appear in legal records. One aspect which has not been to the fore is the very occasional use of metaphorical language in these records, in relation to sexual offences, specifically the use of the image of weaponry to stand in for male genitalia.

I mused about this in a previous post, and updated it a little here,* when I found some more examples, and it seemed worth revisiting, and perhaps trying to discuss the matter with those who might have wider, relevant, expertise (over a longer time-span, or else a broader knowledge of other sources – literary, theological … than is possible for a legal scholar stepping out of her lane quite enough by taking on medieval history…).

In the first post, to summarise, I noted an entry on the King’s Bench plea roll for Easter 1435 relating to proceedings against a clerk, Thomas Harvy, for alleged offences in Norfolk, including a sexual offence (which was probably understood to be ‘consensual’ – at least in contemporary terms of an absence of overt physical struggle).[i] Jurors had presented before the justices of the peace that, on 1st October 1433, Thomas Harvy of Testerton, clerk, … broke into the house of  John Serjeant of Colkirk, at Colkirk, and attacked Margaret, John’s wife,  wounding her shamefully (turpiter) with a certain carnal lance called, in English, a ‘ballokhaftitdagher’, and so he continued to do until that day, setting a bad example etc., to John’s great damage and against John’s will.’[ii]

I did, at first, question my reading of the carnal lance/ ballokhaftitdagher’: could the lance perhaps have been some sort of butchery implement? But both terms being used together made a pretty strong case for seeing the ‘carnal lance’ and ‘ballock hafted dagger’ as evoking not actual weapons but metaphorical weapons, and to refer to male genitalia.

I had come across the ‘carnal lance’ image on its own in a very small number of other cases.[iii] Another ‘carnal lance’ reference, in a 1483 Devon indictment,[iv] does seem to separate the attack with the lance and the sexual penetration, so did make me wonder once more whether I might be talking fanciful nonsense, but yet another, from the same county and roll, mentions the use in an attack on a female servant of both ‘carnal lance’ and two ‘stones’.[v] A metaphorical link between testicles and stones was certainly present in the medieval period, and appears, for example, in the Mirror of Justices, in a discussion of mayhem (Book I c. 9). It is, of course, still hard to be sure that this was not a real lance and real stones, but the more examples I find of the link between weapon-talk and sexual offence cases, the less likely that seems.

I have not gone out looking for references in a systematic way, and it seems unlikely that I have, by chance, found all of them. The best view which I can give at the moment is that this was a known idiom/image in later medieval England, and an unusual, but not unknown,  inclusion in legal records.

Update, 29th May, 2022

I found another reference to carnal lances and stones, from Devon, from an indictment file for Hilary term 1482 – this time I think it really does confirm that carnal lances were not actual lances, and stones were not actual stones, in some legal records. It is a deeply unpleasant sexual assault accusation, in which a certain William Gamon, clerk, was accused of what would now be called  a rape (though no ‘rape term’ is used, and neither are words of felony) on Joan, wife of John Stonehewer, on two separate occasions.   

A rough-and-ready translation of The case on KB 9/359 m.2 would be:

‘[A Devon jury on 12 October 1480] said on oath that Wm Gamon, [ff] recently of [Denbury], Devon, on 2nd July and 10th October 1479, with force and arms and against the peace of the lord king, with staves and knives and also a carnal lance, broke and entered  the houses of John Stonehewer at Denbury and Ottery St Mary, hit John’s wife, Joan, several times, and then hit and penetrated her with the aforesaid lance and two stones hanging in the said William’s nether regions, in a certain hairy opening between her two thighs, in the rear, so that her life was despaired of and against the peace of the lord king.’

Aside from confirming the lance/stones metaphor usage, this introduces further examples of figurative language for body parts in the sexual context. The woman’s body is discussed in particularly demeaning terms here, which is not very surprising really, but which reinforces the everyday misogyny which would have pervaded the atmosphere of medieval courts.

Update, 26th June, 2022

Another one – going back to the 1440s: KB 9/293 m. 2 shows a Kent jury swearing that Richard Kay, parson of the church of Hartley, on 20th November 1439, broke into and entered the house of Thomas Cotyer in Hartley, with force and arms, and, in a barn, assaulted Rose, Thomas Cotyer’s wife, beat and wounded and mistreated her, and hit her so severely with a certain carnal lance between her thighs, that she fell to the floor onto her back, and then he lay with her, against the king’s peace. They added that Richard was ‘a common adulterer etc.’[vi]

 

Why is this interesting, and what does it all mean?

If the ‘weapons’ are metaphorical, what then? First it is worth noting that a resort to metaphorical language is unusual within the generally unfanciful context of medieval plea rolls. It was not necessary to describe the (alleged) offences in this way. Secondly, it should be acknowledged that  the use of weapon-imagery is a well-known practice in literary sources.[vii] What are the implications of this weapon imagery in the legal context?  Several things occur to me, all a little tentative just now – I would certainly be interested to know what others think. Here are some of them:

  1. I wonder whether we can read into the occasional intrusion of this sort of imagery in entries on the legal record something of the mood of discussion about such offences, amongst the men involved in making records, or those in court. Is there validity to my intuitive reaction that it sounds like joking about and diminishing the seriousness, or the wrong, of sexual assault and rape? Might it be argued to show the exact opposite: since we know that these prosecutions almost never ‘succeeded’ in the sense of ending with a conviction and punishment according to secular law, aligning it more closely with the ‘ordinary’ sort of violence (and especially categorising the harm as a ‘wound’, as in ‘ordinary’ batteries etc.) showed a greater-than-usual degree of concern. The ‘rape: an offence (predominantly) of sex or violence?’ question is something of an ‘old chestnut’ in modern legal scholarship, but I think that there is some worth in considering linking up those debates with the work on rape/sexual offences in historical studies, which does not always deal with this point.
  2. What does the weapon imagery say about ideas of men, rape and sex?
    1. Does associating offending sex with a weapon in some sense dissociate man and penis, and, if so, is this something which serves to minimise – or ‘outsource’ – culpability?
    2. How does the association work with ideas/reality of rape as a weapon in (medieval) warfare?
    3. What does it all say about contemporary ideas of (socially sanctioned) sex? We are well used to the medieval idea of heterosexual encounters as asymmetrical, perhaps with a ‘playful’ combat aspect. Does using the weapon idea in sexual offence cases suggest an acceptance of a continuity between offending and non-offending sex?
    4. If weapon-imagery is to be used, what is the reason to choose one type of weapon rather than another? What implications might there be in choosing a lance rather than a dagger, a Latin/French term or an English one?

As ever with medieval legal records, far more loose ends and questions than concrete findings, but, I will stick my neck out a tiny bit and make one statement based on all of this. It does seem to me that one thing the use of weapon-words must have done was to reinforce the connections between the men involved in the legal process (jurors, clerks, those in court) and place them in opposition to the woman against whom, or with regard to whose body, the offence had, allegedly, been committed. The wielding of such weapons was a thing clearly gendered male, and, as such, something drawing men together in exclusion of women. Probably not, therefore, something conducive to a receptive attitude to allegations of a crime against a woman’s body.

GS

26/6/2022

Note on terminology: I have generally stuck to ‘sexual offences’ here, because of an imperfect mapping on to modern conceptions of ‘rape’ of the ideas and definitions current in the medieval common law. There is probably not a satisfactory way of dealing with this mismatch, or at least I have not found one, and my choice is not intended to minimise the severity of the harm suffered, or the culpability of offenders of the past.

Image: I am going for a general suggestion of ‘puzzling’ here: a maze, Photo by Ben Mathis Seibel on Unsplash

 

[i] KB 27/697 Rex m.5 AALT IMG 0183. You can see a scan of the record here on the AALT website.

[ii] For the ‘ballock hafted dagger’ (a real weapon), see the earlier post, and Ole-Magne Nøttveit, ‘The Kidney Dagger as a Symbol of Masculine Identity – The Ballock Dagger in the Scandinavian Context’, Norwegian Archaeological Review 39, no. 2 (2006), 138-50.

[iii] KB 9/359/mm 67, 68 (these two also mention stones); AALT IMG 141 (1482). There are two on KB 9/359 m.3

[iv] KB9/363 m. 2

[v] KB 9/363 m.3

[vi] This also appears on the KB plea roll: KB 27/725 m. 31d; AALT IMG 567 (1442), in which Richard pleaded not guilty, but made fine, ‘in order to save everyone trouble’.[vi] The fine was 40s, according to the roll.

[vii] See, e.g., D. Izdebska, ‘Metaphors of weapons and armour through time’, in W. Anderson, E.  Bramwell, C. Hough, Mapping English Metaphor Through Time (Oxford, 2016), c. 14; C. Saunders, Rape and Ravishment in the Literature of Medieval England (Woodbridge, 2001), 42; R. Mazo Karras, Sexuality in Medieval Europe: Doing Unto Others, third edn, (Abingdon, 2017), 26, 151, 172; Robert Clark ‘Jousting without a lance’, in F.C. Sautman and P. Sheingorn (eds), Same Sex Love and Desire Among Women in the Middle Ages (New York, 2001), 143-77, 166. The Dictionary of Medieval Latin from British Sources (Brepols, 2018) suggests this meaning too, in its sixth variation on ‘hasta’.

If I could Tourn Back Time: Jurisdiction in the Fifteenth Century (Again)

Another little bit of Year Book/Plea Roll matching – this came up tangentially in a bit of petty treason research today, and seemed worth a quick word and thought.

When I say matching … it is not quite an ‘X = Y’ situation: more of an X probably = Y, Z or A.

The Year Book case is YB Trin. 6 H VII f 5 pl 4 (Seipp 1491.020). The plea roll entry is one of three possibles on the King’s Bench roll for Trinity 1491.

The candidates are:

  1. KB 27/920 Rex m. 5 (AALT IMG 209) This is a case from Berkshire before John Horne, in which Richard Patte of Sulhamstead, clerk, was alleged to have raped a widow, Margaret Huys, lately wife of John Phelippe.
  2. KB 27/920 Rex m. 3d (AALT IMG 463) This also comes from Berkshire, from John Horne’s tourn. John Hyde, recently of Sonning, clerk, was alleged to have raped Elizabeth, wife of James Trell.
  3. Yes, it’s Berkshire and John Horne again! KB 27/920 m. 3d (AALT IMG 465): Stephen Bregyn, clerk, was accused of raping Alice Robyns, wife of John Robyns.

Or perhaps it is an amalgamation of all of them – since they are all saying the same thing.

The YB case is not about petty treason at all – though there is a passing reference to that in the reported argument – it is a case about jurisdiction over rape. Who could hear rape cases? Could low-level criminal courts hear them? Let me be up-front about one thing: there is a difference between YB and PR in terms of which courts are mentioned – the YB is interested in courts leet, whereas the PR entries are all about sheriffs’ tourns. Since there is nothing on the roll specifying courts leet, I think I have to assume that one of these is the best match. Possibly these tourn cases prompted a wider discussion of low-level jurisdiction.

The successful argument against lower courts having jurisdiction in this area, as it appears in the YB, is that they only have jurisdiction over felonies if they existed at common law rather than having been created by statute, and rape as a felony was a creature of statute. A choice had been made to limit such jurisdictions, and/or that it was seen to be fitting to keep them to the things they had been able to do ‘since time immemorial’, or at the time of the (certain or assumed) grant of jurisdiction.

The issue about sheriffs and rape jurisdiction was not new – I wrote a blog post about this issue as it arose in 1482, in the not-too-distant past (it’s here). A bit odd, then, that tourns are still being used in this way, and it’s still thought worth reinforcing via YB reports that this is not OK. Suggests something of a lack of influence of common lawyers on practice in the low-level criminal jurisdictions, I think (though, as ever, I am ready to be told that I am missing something important …). I do wonder what was going on with John Horne’s tourns in Berkshire.

As far as the rape cases themselves go, well, nothing very surprising. the accused  all ‘walked’ after having paid a fine to the king (to save the bother of a trial for the trespass element of the charges).Each of these fines was 5s – a pretty common amount, according to the list of fines in the plea roll – and, according to the National Archives currency converter that represented about 8 days of wages for a skilled tradesman. Moderately costly then, I suppose. Whether or not there was any other settlement, compensating the women themselves, will remain a mystery.

GS

13/9/2021

 

Image – to fit in with my contrived title, it’s a medieval clock! From Salisbury Cathedral. Yes I do know that isn’t in Berkshire, but best I could do. From Wikimedia Commons.

 

Tourn-up for the [Year]Books: a Somerset sheriff’s jurisdiction

A quick Year Book-Plea Roll probable match: I think Seipp 1482.119 (YB Mich. 22 Edw. IV) is the same case as this one, from the Michaelmas 1482 King’s Bench plea roll (KB 27/884 m.1d; AALT IMG 0518).

The case concerns an indictment of rape, made against John Wheler of Bridgwater, in Somerset, chaplain. He was accused of having, on 20th March 1482,  broken into the house of a certain Alice Lye[i] , at Huntspill, attacked her, raping her and ‘having carnal knowledge’ of her, against the king’s peace.[ii] The matter had been presented in a sheriff’s court – the ‘tourn’ of Richard Morton esq. – on 4th April, 1482, at Highbridge, Somerset.

It will come as absolutely no surprise to anyone who has looked at this sort of material to find that the whole thing fell apart, and the accused chaplain walked free. In this particular case, the route to that expected conclusion was not via the blank ‘not guilty’ of a jury, but via the ‘you don’t have jurisdiction’ route: sheriffs were not supposed to hear such serious ‘criminal’ cases.

I suppose we might conclude, or muse about, a couple of things from this:

  1. There does not seem to have been agreement that this was something beyond the powers of the sheriff. (As a matter of fact, the KB roll for Trinity 1482 contained another rape case from the same sheriff’s tourn, in, from a tourn on 30th April 1482. This time, the accused man was Robert Cutteclyffe of Wells, chaplain, and the alleged victim Cecilia Wever, the attack said to have taken place at Burton. In this earlier case, however, a different technical fault was found with the process.) The YB report of what I take to be the Wheler case includes a lengthy discussion of the background to rape/ravishment as an offence, its statutory or non-statutory origin being taken to be crucial in determining whether or not a sheriff had jurisdiction here.
  2. Despite the incredibly low rate of conviction, men from relatively small communities did bother to prosecute alleged (clerical) rapists. Maybe use of the sheriff’s tourn for this suggests a lack of faith that other courts would do anything. There is something of a tendency to write off such action as not in good faith, as a sort of extortion of those who kept concubines. But does it, perhaps, rest upon an assumption that clergy would not be likely to take advantage of their position to engage in abusive sexual practices? Or on a desire to find that women were more ‘agenty’ than they might appear. The accused clergymen do seem to have been able to find a number of ways of challenging cases brought against them, but it is important to accept that that doesn’t tell us anything about the truth of the allegation, one way or the other. There is, no doubt, a great deal which is lost to us, in terms of what went on out of court: compensation, private settlement, or settling of scores, and no particular reason to think that the same sorts of facts underlay all or most cases.

GS

31/8/2021

[i] There is no more information about her.

[ii] Note, no mention of her will.

The grim tale of a Lincolnshire tailor: sin and crime in a medieval gaol delivery roll

Well, this one’s very nasty (be warned – violence, and abusive sexual behaviour), but also interesting from a legal history point of view, so worthy of a quick note.

It’s in the gaol delivery roll for a session at Lincoln castle on 1st August, 1392, which contains a series of allegations against Robert de Spalding, tailor, living in Horbling.[i] Sadly, the roll has a big chunk missing from the right hand side, but there is still enough to reconstruct the charges.

In July 1391, Robert had been arrested for homicide, in relation to a newborn (and unbaptised) child, in a house in Horbling. That in itself is pretty horrible, but there was more. The entry notes that Robert had two (apparently living) wives, the first somewhere in Holland (Lincs, not Netherlands) and the second at Folkingham (also Lincs), but even so, on a Sunday in November 1390, he had taken his biological daughter Agnes, shut all of the windows and doors and raped her [the entry on the roll mentions force and the fact that this was conttrary to Agnes’s will]. It goes on to say that he  continued in this sin [it’s definitely singular] with the result that Agnes became pregnant. When the time came for the baby to be born, on Wednesday 28th June, 1391, in a house at Horbling, Robert shut all the windows and doors again, and drew his knife on the prostrate Agnes, swearing by the body of Christ that if she made any noise, he would kill her (so that nobody would learn of his misconduct). In this way, Agnes gave birth to the ‘creature’ which on that day, Robert killed and buried at the same house.

Robert was found ‘guilty of the felonies’ with which he was charged, and was hanged.

Points of interest

It often seems to me that the most surprising and interesting material comes out of situations like this, when we are dealing with a bit of ‘freestyling’ on the part of those who drew up the accusations. There is a fair bit here which goes beyond what was legally necessary – if we strip it all down, all that was needed for a capital trial in this case was the allegation that Robert had killed the baby, or a charge that he had raped Agnes (though, if you’ve spent any time with medieval records, you’ll know that that does not tend to end with a conviction). The rest of it – the two wives, the incest, the swearing and the threats – was not really needed. For some reason, though, those drawing up the indictment, and the clerk recording the session, decided to give us the whole story, granting us unusual access to the thoughts of medieval laymen. We see disapproval of bigamy and incest – and despite the fact that there seems to have been continuing sexual activity, only Robert, and not Agnes, is blamed for it (I don’t think that would have been the case in non-incest situations, and it is rather at odds with other statements in common law sources in which pregnancy was said to be impossible without the woman’s consent/pleasure).

Although the bigamy and incest were not strictly the felonies which ended up ending Robert, it is interesting that they were brought up. Each year, rather glibly perhaps, in the part of the Legal History unit dealing with sexual offences, I tell my students that bigamy and incest weren’t within the scope of the medieval common law: they were left to the church. It looks as if medieval people did not always make that neat jurisdictional distinction. Certainly something to think about.

From a human point of view, I do hope that things improved for Agnes after this – but rather fear that she would have been left in a poor position. She did not even get Robert’s property, for his chattels (1 mark) were forfeit, as was usual after a felony conviction.

GS

11/4/2021

 

Picture: Lincoln Castle, Lincoln © Dave Hitchborne cc-by-sa/2.0 :: Geograph Britain and Ireland

[i] JUST 3/177 m. 83 (AALT IMG 179) which you can see at AALT Page (uh.edu)

Rape: conviction and ideas

My two ‘forthcoming’ (well, one ‘forthcoming’ and one ‘forthcoming???’) publications deal with rape in medieval common law: it is a small part of Medieval Women and the Common Law (due out in April)  but the whole point of a chapter in an edited collection, (chapter title: ‘Rape and Law in Medieval Western Europe’, long since written, and the book is due out … well, let’s just say one day … ). There is already a lot of scholarship on rape/raptus in the medieval world, but still, I think, a great deal more to work out, and I keep finding new, relevant, entries in the plea rolls. One of these days, I will get around to doing a proper study of the changing nuances of formulae of accusation, for example. Anyway, here are a couple of nuggets which I don’t think I am going to work into these ‘forthcoming’ things, but seem as if they might be of interest to someone, some time, if they stumble across this.

The first one is a rarity – an actual conviction and hanging. It is hardly a new observation that almost nobody ever seems to have been found guilty of rape, and executed, in later medieval England. The plea rolls are full of the most detailed and horrendous allegations, and then an unexplained finding of ‘not guilty’. (And I have noticed that nobody ever seems to confess rape and abjure, or, as an approver, appeal another person of rape – further signs that conviction was fairly unlikely). Here, though, from the Rex section of a King’s Bench plea roll from Trinity term 1339 is a case of somebody hanged (or at least ordered to be hanged) for rape.  In KB 27/317 m. 10d (AALT IMG 297) an entry notes a case from a Norwich gaol delivery in 1339. Richard Kiriolf(?) of Holverston had been indicted that he and others on a night in 1338 broke into the house of Alice Newman in Rockland and robbed her of goods worth 12d, and then feloniously raped with her and lay with her against her will. He pleaded not guilty of ‘rape, robbery and felony’, but the jury found him guilty (it is specified in the record that they found him guilty of all three). He was ordered to be hanged, and it was stated that the vill of Holueston would answer for his chattels – worth 18d, which would be forfeit, because he was found guilty of a felony.

True, it is not an execution for rape alone, and the break in at night and theft would presumably have been enough to justify an execution, but it is of interest that rape was included in both charge and verdict, and is some evidence that capital punishment for rape was not a completely unimaginable outcome.

My blog, my rules – uninhibited by academic tutting, I also want to say something about the conflicted feelings this sort of thing gives rise to in me as a researcher and a human. To some extent, and no doubt bound up with all sort of thoughts about the deep and long history of difficulty in seeking accountability and some sort of justice in this area, there is satisfaction to see evidence of rape being seen as a serious offence. That, though, hits up against my utter horror of capital punishment (always) and also the wish not to see capital punishment, in this period, as having been a much ‘better’ outcome for the woman, or the only indicator of something being taken seriously. So it’s interesting, but not an ‘air punch moment’.

The other interesting case to mention here is on the plea roll for Easter 1335, at KB27/300 Rex m.11 (AALT IMG 309). It is a record of an indictment before the KB at Wigan in 1334, and it states that Richard son of Adam son of Alan of Mondesley and others on a date in 1315 (it definitely says this is in the reign of Edward II, so quite a long time before) came to the home of Cecilia widow of William son of Robert de Heskyn, broke in and feloniously raped her de corpore suo, contrary to the form of the statute etc. and against her will.  The dorse of the membrane shows that Richard was found not guilty (surprise!) but that is not the thing which struck me as interesting. Instead, it is those words ‘of her body’. They are stuck in just where, in many felonious rape cases, we would find the words ‘of her virginity’, and, I think show an interesting wish to include an idea that something was taken away. This opens up all sorts of cans of worms about women, bodies, (perhaps) property, and the idea that something tangible is removed when one is raped. I have no more than that, for now, but it seemed worth noting, and I will be both mulling it over, and also looking for other such phrasing in my endless, and endlessly fascinating, searches through the plea rolls.

GS

23/1/2021