In 1382, Thomas Blount was commissioned to arrest Nicholas Clifton for his attack on the family of Thomas West. Initially, I thought the main concern was the ordeal Thomas’s daughter Eleanor endured; however, it appears the main focus of the arrest was solely the loss of goods - a horse, value 19l; a saddle, value 60s; a silver-gilt girdle, value 60s; pearls and other precious stones, value 13l. 6s. 8d., and linen and woollen clothes, value 6l. 13s. 4d. - the rape/abduction of their daughter was not mentioned at all; it was, in fact, only an addition to the text and Thomas West’s petition to Parliament three months later just focused on how the attack affected his wife! ‘the most evil affray to the said Alice’ and ‘Alice is ill and likely to die’. She is mentioned nine times, whereas poor Eleanor is mentioned just four times.
Due to this petition, the Statute of Rapes was passed in October of 1382, ‘and although it does not specifically name the case of Eleanor West, scholars believe that it undoubtedly was passed because of her elopement.’(2)
The second petition (February of 1383) made directly to the king (3) finally mentions Eleanor’s rape, and where Thomas and Alice ask that the aforementioned statute be applied to her.
‘To our most gracious and dread lord the king, and to his lords of this present parliament, we your humble lieges Thomas West and Alice his wife pray, that whereas the said Thomas and Alice, at the last parliament held at Westminster the Monday after Michaelmas last past, showed how Nicholas Clifton, with others, lately made horrible assault upon the said Alice, at Malwood in the New Forest, and feloniously ravished and deflowered their daughter Eleanor, and because of their suit a statute was made in the said parliament for punishing severely such rapes in time to come: may it please your most gracious and dread lordship that, because this statute and the penalty therein com prised were ordained because of the said felonious rape and at the suit of the said Thomas and Alice, that the said Nicholas and Eleanor be especially included in the said statute, to bear the penalty of the aforesaid statute prompted by themselves, as the intent of our lords was thus in parliament, and that they be disabled from having any manner of estate in land or rent as regards Nicholas, and Eleanor if she [assent] at any time, and that her father, or any other of her blood, can have suit to attaint him according to the form of the statute, notwithstanding that the said Eleanor be now covet of the said Nicholas.’
I should not take sides; I know I said that this petition was a step forward in ‘establishing a framework to punish those who committed an act of rape and a significant event in the history of the Statute of Rape;’ of course it was; we must be grateful for that. I cannot help thinking, however, that the well-being of women in these cases was secondary.
1 The Physicality of (non) consent: Secular Raptus Laws - Mariah L Cooper - JSTOR archives
2 JSTOR archives
3 6 Ric. II. Stat 2
4 “treating eloping couples as dead, to maintain the integrity of family estates.” - Ravishment of Women and the Statutes of Westminster
RSS Feed