By Caroline Dunn
This research of illicit sexuality in medieval England explores hyperlinks among marriage and intercourse, legislation and disease, and estate and tool. a few medieval Englishwomen persisted rape or have been abducted for compelled marriages, but such a lot ravished ladies have been married and lots of 'wife-thefts' weren't compelled kidnappings yet circumstances of adultery fictitiously framed as abduction via deserted husbands. In pursuing the topics of illicit sexuality and non-normative marital practices, this paintings analyses the nuances of the foremost Latin time period raptus and the 3 overlapping offences that it may denote: rape, abduction and adultery. This research broadens our figuring out of the function of ladies within the felony method; offers a method for analysing male keep watch over over lady our bodies, sexuality and entry to the courts; and divulges ways that girl organisation may perhaps, sometimes, manoeuvre round such controls.
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Extra info for Stolen Women in Medieval England (Cambridge Studies in Medieval Life and Thought)
Although Anglo-Norman, the text has not been attributed to William himself. Maitland (History of English Law, vol. 88–9, vol. 78) suggests that this may be an unofficial policy, or perhaps a partial statement relating the Conqueror’s intentions. See also John G. 49. 32 Bracton, vol. 414–15; The Peterborough Chronicle, 1070–1154, ed. 49. 33 In using the Latin term raptus, however, both Glanvill and Bracton betray knowledge of Roman practices. 175; Bracton, vol. 344–5, 403, 414–15. On the reliability of Bracton and the extent to which the author accurately depicts contemporary legal practice, see Paul Brand, ‘The Age of Bracton’, in The History of English Law: Centenary Essays on ‘Pollock and Maitland’, ed.
Analysis of the terminology used to describe ravishment, and the legislation introduced to combat it, proceeds chronologically in this chapter in four sections. First, I outline earlier historical background from the Roman and Anglo-Saxon eras. 22 Next See Appendix ii for sources of these 1,213 cases. 22 Frankish, Irish, or Carolingian laws and commentaries are excluded because they had little or no influence on later medieval English developments, whereas Roman and Anglo-Saxon traditions 21 23 Stolen women in medieval England I consider attitudes towards rape and abduction between the Norman Conquest and 1275.
67 Some early scholars of rape misunderstood the legal consequences of the introduction of the Crown prosecution for ravishment offences with the Westminster legislation. 68 When it is understood that the Westminster legislation now combated multiple offences, rather than just rape, the legal history becomes clearer. 505; Daniel Klerman, ‘Settlement and the Decline of Private Prosecution in Thirteenth Century England’, Law and History Review 19 (2001), paras. 58–9. Several presentments for rape date from much earlier, but appeals dominated rape prosecutions until the end of the thirteenth century.