Legal Definitions - de uxore rapta et abducta

De uxore rapta et abducta is a historical legal term derived from Law Latin, which translates to "of seizing and carrying away a man's wife." Historically, it referred to a specific type of legal action, known as a writ of trespass, that a husband could bring against someone who had forcibly abducted his wife, often implying she had also been sexually assaulted. This writ allowed a husband to seek legal redress for the profound harm and violation caused by such an act, recognizing the wife as part of the husband's household and property in that historical context.

Here are some examples illustrating this historical legal concept:

• Example 1: In medieval England, a powerful nobleman, Lord Blackwood, harbored a long-standing feud with his neighbor, Sir Alaric. One evening, Lord Blackwood's retainers raided Sir Alaric's manor, forcibly abducting Lady Isolde, Sir Alaric's wife, and taking her to Lord Blackwood's distant stronghold, where she was subsequently assaulted. Sir Alaric would have historically sought a writ of de uxore rapta et abducta to demand her return and seek damages for the profound trespass against his household and person.

  Explanation: This scenario directly illustrates the "seizing and carrying away" of a man's wife by force, coupled with the implied sexual assault, which was the core wrong addressed by this historical writ. Sir Alaric's legal action would have been based on the violation of his rights as a husband and head of household.

• Example 2: During a period of civil unrest in 17th-century Europe, a band of rogue soldiers entered a small market town. Among their acts of violence and plunder, they seized Elara, the wife of a local merchant named Thomas, and carried her away to their encampment outside the town, where she was held captive and subjected to abuse. Thomas, upon discovering his wife's fate, would have had grounds to pursue a de uxore rapta et abducta action against the perpetrators, seeking legal remedy for the abduction and assault of his wife.

  Explanation: This example demonstrates the application of the term in a different historical context, where a wife is forcibly taken and abused by a third party. The husband's legal recourse through this writ would have aimed to address both the physical removal of his wife from his household and the grievous harm inflicted upon her.