Bracton: Thorne Edition: English. Volume 2, Page 358

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Volume 2, Page 358

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[001] without prejudice to another. When one so outlawed is restored he will not be
[002] restored to all his property, because of the outlawry properly made according to the
[003] law of the land.]¹

Why an [outlawry] may be called void and for what reasons; because incorrectly made.

[005] ²as where one has been outlawed in the county court without suit, whether there
[006] was none at all or one begun but not completed, as where it was begun and subsequently
[007] interrupted or abandoned, because no proceedings to outlawry can take
[008] place without suit. It will be void if after the eyre of the justices the county court
[009] has proceeded to outlawry without their order or warrant, an inquest having been
[010] held. And so if one has been outlawed at the king's command, ³as where the king
[011] of his own will, by his letters, causes someone to be proclaimed an outlaw throughout
[012] cities and boroughs, vills and other public places,⁴ or at his suit, no inquest having
[013] first been taken by the justices as to whether he who has taken to flight is guilty
[014] of the crime alleged against him or not.⁵ And so if it is done in a place other than in a
[015] county court, with the exception of the hustings at London,⁶

It may be called void in the following cases.

[017] [or] if he who was suspected died before the outlawry; [or] if he who was alleged
[018] to be slain is produced alive and well before the outlawry, since there is then no
[019] cause, true or presumptive; it is otherwise if he is produced alive after the outlawry.⁷
[020] It will also be void if the county court has proceeded to outlawry after
[021] he who began the suit has died, or has refused to or become unable to sue.⁸ And
[022] so when the appellee has successfully made his defence in one county according to
[023] the law of the land and been outlawed in another at the suit of another appellor,
[024] for he who successfully makes his defence in one place, against one of several
[025] appellors appealing and suing in different counties with respect to one deed,
[026] defends himself against them all with respect to that deed.⁹ [If there are different
[027] deeds and different appellors and the appellee successfully defends himself by the
[028] law of the land in one place or several, against one or several, and is outlawed in
[029] the other counties, the outlawry will be void,¹⁰ provided that, when the appellee is
[030] restored, he answers the others and successfully makes his defence by the law of the
[031] land; [if he does so] he will retain all his property; conversely, if he is convicted in one
[032] county he will lose it all.] And so when one knows that he is appealed and exacted
[033] and surrenders himself before outlawry to the king's prison;¹¹ he is not to be exacted
[034] further. An outlawry will also be void, as is evident, [if] when one has once been
[035] arrested, or has freely come forward on being appealed, he has (with the consent of
[036] the king) chosen

Notes

1. Infra 362, 363, 373

2. Continued from 357, n. 8; Om: ‘Nulla . . . utlagaria,’ a connective

3-4. ‘ut si rex . . . publica,’ from lines 13-14

5. B.N.B., no. 857

6. Infra 375

7. Infra 369, 374, 375, 378

8. Supra 355

9. Infra 371, 375, 388, 391, 398

10. Or ‘valida’ for ‘nulla’ (infra 370, 371, 375, 389, 392, 398) and the appellee restored of grace (supra 359, infra 371, 375)

11. Infra 371, 375