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The Trial of Hugh: A Medieval Case of Rape and the Denial of Counsel, Study notes of History

This document details an old english case of rape presented to the court in the late 13th century. The defendant, hugh, requests counsel but is denied due to the king being a party in the case. The trial continues with hugh's attempts to challenge the jury and read his challenges, which leads to further complications. Ultimately, the jury acquits hugh based on their testimony.

Typology: Study notes

2012/2013

Uploaded on 01/29/2013

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Rex v. Hugh (circa 1293)

It was presented by the twelve of Y[oncres, Yorkshire] that Hugh raped a certain girl from N. and brought her to his manor in that village and knew her carnally against her will.


JUDGE. Hugh, it is presented to us that you committed raped. How would you like to acquit yourself? Hugh. Lord, I request that I can have counsel, lest I be deceived in the king's court for defect of counsel. JUDGE. You ought to know that the King is a party in this case, and he proceeds ex officio. In such a case, the laws do not allow you to have counsel…. If however the woman sued you, you could have counsel against her, but against the king, no. And therefore we order you on the king's behalf that all of the lawyers who are your counsel withdraw. They were removed. JUDGE. Hugh, respond. Behold a possible action, your own action, is set out against you. You can well respond without counsel whether you did it or not. And the law ought to be common and equal; and the law is that when the king is a party ex officio , against him you will have no counsel. And if against the law we conceded you counsel, and the country acquitted you, as it will do with God's help, it would be said that you had been delivered by the favor of the judges. And therefore we do not dare to do this, nor ought you desire it. And therefore you ought to respond. Hugh. Lord, I am a cleric, and I ought not respond without my ordinaries. JUDGE. You are a cleric? Hugh. Lord, yes, because I was rector of the church of N. Ordinary. We claim him as a cleric. JUDGE. We say that you had lost the clerical privilege, because you are a bigamist, because you had contracted marriage with a widow, and you ought to respond whether when you contracted [marriage] with her she was a maid. Her status can be better known now rather than delayed, because behold it can be immediately verified by the country. Hugh. Lord, she was a maid when I betrothed her. JUDGE. This ought to be known immediately. And he asked the twelve if Hugh [married his wife when she was a widow]. The twelve said on oath that she was a widow when Lord Hugh contracted [marriage] with her. But it should be noted that they were not sworn again, because they were sworn first. JUDGE. And thus the court considers that you ought to respond as a layman, and do you consent to these worthy men of the twelve, because we know that they do not want to lie for us. Hugh. Lord, I was accused by them; therefore I will not consent to them. In addition, Lord, I am a knight, and I ought not to be judged except by my peers. And knights were named. And he was asked wither he wanted to set forward any challenges against them.

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Hugh. Lord, I do not consent to them, you can take whatever inquest you want ex officio , but I will not consent JUDGE. Lord Hugh, if you will to consent to them, with God's help, they will decide for you, if you will consent to them. And if you want to reject the common law, you will bear the penalty ordained for it, that is "one day you will eat and the other you will drink; and on the day you drink you will not eat, and the reverse; and you will eat barley bread and not with salt, and water [not wine or beer] etc.", explaining to him at length whence it would not be good to die in this way, but it would be better to consent to them. Hugh. I will consent to my peers, but not to the twelve through whom I was accused. You ought to hear my challenges against them. JUDGE. Freely. Let the challenges be read; but if you know any reason why they ought to be removed, say it in a single voice or in writing. Hugh. Lord, because I do not know how to read, I request my counsel. JUDGE. No, because it touches the lord King. Hugh. You ought to have the challenges and you ought to read them. JUDGE. No, because they ought to be set out by your mouth. Hugh. I don't know how to read them. JUDGE. How is it that you wanted to help yourself with the clerical privilege, and now you don't know how to read your challenges. Hugh stood silent as if confused. JUDGE. Don't be stupified, now is the time to speak. JUDGE (to Lord N. de Leicester). Do you want to read Lord Hugh's challenges? Lord N. Lord, may I have the paper that he has in his hands? This was allowed. Lord N. Many challenges are named here against many people, Do you want me to read them publicly? JUDGE. No, rather you should read them to the prisoner secretly, because they ought to be stated by his mouth. And it was done in this way. When they had been propounded by his mouth, because there were found to be truly challenged, those against whom he had challenged were removed from the inquest. JUDGE. We accuse Lord Hugh of rape of a certain woman. He denies. He was asked how he wants to acquit himself; he said through the country. For good or evil, he put himself on you. Therefore we order you in virtue of your oath to tell us whether Lord Hugh raped this woman or not. The Twelve. We say that she was raped by force by Lord Hugh's men. JUDGE. Did Hugh consent to the deed or not? The Twelve. No


JUDGE. Lord Hugh, because they acquit you, we acquit you.

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