Property, Propriety, and Patriarchy: Abduction, Assault and Housebreaking in the Court of Common Pleas, 1399-1500

Abstract

This thesis examines the offenses of abduction, assault, and housebreaking before the Court of Common Pleas in England, from 1399-1500. The evidence for this study is provided by the digitized, archived records of the Common Pleas, created by Dr. Jonathan Mackman and Dr. Matthew Stevens. The records of the Common Pleas have, until quite recently, been an untapped resource for examining the social, legal, and cultural history of medieval England. Through examining these records, I suggest the concept of patriarchal legal stewardship greatly informed how these cases were pleaded, and in what ways individuals and households could be involved in these civil suits. Research reveals that although it was mostly men who act as a stewarding plaintiff, it was possible for women to fulfill a similar role. Largely, the intersection of social status, gender and the household informed how individuals experienced the offenses of abduction, assault, and housebreaking.