Bracton: Thorne Edition: English. Volume 2, Page 354

Harvard Law School Library

Bracton Online -- English

Volume 2, Page 354

Next

Go to Volume: Page:

[001] for waif is that which no one claims, nor will the prince claim her or protect her
[002] when she has been properly waived, any more than he will a male who has been
[003] properly outlawed according to the law of the land. Henceforth they bear the wolf's
[004] head¹ and in consequence perish without judicial inquiry; they carry their judgment
[005] with them and they deservedly perish without law who have refused to live
[006] according to law.² This is so if they take to flight or resist when they are to be
[007] arrested; if they are arrested alive or give themselves up, their life and death will
[008] be in the hands of the lord king.³

How one ought to prosecute; at how many county courts.

[010] We must see how one ought to prosecute and within what period of time. It is
[011] clear that at the suit and appeal of one who ought to and may prosecute the
[012] appellee ought to be exacted at four meetings of the county court, from one to the
[013] next, until he is outlawed, subject, however, to this rule, that only a simple summons
[014] be made at the first county court, nor will that first court be reckoned as part
[015] of the period required for outlawry nor as one of the four, for five must always
[016] pass before one is outlawed.⁴ Accordingly, up⁵ to the fourth county court, which in
[017] truth may be called the fifth, [in which no essoin is allowed, nor is he to be heard who
[018] wishes to act as surety for the appellee's appearance at another county court,⁶ for the
[019] time of outlawry could thus be extended ad infinitum, which ought not to be, as
[020] Martin of Pateshull told Richard Duket when he was at Walsingham in the county
[021] of Norfolk.⁷ But at earlier county courts the appellee may well be mainprised,
[022] provided each county court is counted as one of the five,]

When one has been exacted he may surrender himself to prison before outlawry and answer appellors and except against the appeal.

[024] ⁸an appellee may by himself, or if he wishes, through friends, surrender himself to
[025] prison or make his defence and establish his innocence; after that time, no matter
[026] how he has been outlawed, he can only return by grace of the prince. If he returns
[027] within that time, as aforesaid, and successfully makes his defence he will be restored
[028] to everything [that is,⁹ to the peace and his inheritance] except his chattels, because
[029] of his flight.¹⁰ But what if he who sues has not properly brought his suit, as where he
[030] has not immediately raised the hue, though he could, nor sued to the neighbouring
[031] vills, nor to the king's bailiff, the coroners or to the first county court as he ought, and
[032] afterwards

Notes

1. Leg. Edw. Confess. 6.2a: Liebermann, i, 631; infra 362

2. Infra 363

3. Infra 362, 369, 378

4. Supra 352

5. ‘usque,’ as infra line 27

6. Infra 360, 361, 421

7. Presumably during 1225 circuit: C.R.R., xii, p. xiii; infra 360

8. Om: ‘usque ad ... comitatum,’ a connective

9. ‘scilicet’

10. Infra 358, 362, 363