Bracton: Thorne Edition: English. Volume 2, Page 36

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Volume 2, Page 36

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[001] will be explained more fully below [in the portion] on wardship in chivalry and in
[002] socage)⁴⁴ and some subject to neither right, as those of full age.⁴⁵ In what ways
[003] the tutelage of lords and the cura of friends and kinsmen are ended will be explained
[004] more fully below.⁴⁶ Some are under the rod, as wives etc.⁴⁷

Bondsmen are under the potestas of their lords.

[006] ⁴⁸Bondsmen are under the potestas of their lords as long as they dwell in the villein
[007] tenement, levant and couchant, whether they hold land or not. Nor is seignorial
[008] potestas dissolved⁴⁹ though they do not dwell there but travel through the country,
[009] going and returning. [As long as they return they always remain under the potestas
[010] of their lords; when they cease to have the habit of returning they begin to be fugitives,
[011] as in the case of domesticated animals.⁵⁰ And so if, when they are travelers, as
[012] merchants and soldiers, they pay chevage⁵¹ at certain times in recognition⁵² of their
[013] subjection and the diminution⁵³ of their capacity: as long as they pay it they are
[014] said to be within the potestas of their lords; when they cease to pay they become
[015] fugitives.] Nor is seignorial potestas extinguished⁵⁴ at once⁵⁵ [if they take to flight],
[016] [If they take to flight in one of the aforesaid ways they must be pursued quickly,
[017] within three or four days, until they have been taken and brought back, nor ought
[018] anyone, no matter where they are found, to hinder [such lords] by reason of any
[019] liberty or privilege.] because a lord always retains the ownership of his bondsmen
[020] until he loses it by negligence or by violent and unlawful resistance which he who
[021] pursues cannot overcome. He must then have recourse to a superior,⁵⁶ that he may
[022] claim by writ, unless the fugitive returns to his villeinage within the year and is
[023] apprehended and held by his lord, which the lord may lawfully do, for until a year
[024] is over no one may have the privilege of a fugitive.⁵⁷ Nor may one have it [after the
[025] year] if within the year the lord puts forward his claim in some way, for if the
[026] fugitive then returns, though the year has run, he may be retained lawfully, nor does
[027] time run against the lord, since by putting forward his claim the matter is made
[028] litigious and his action is thereby perpetuated for the future and the privilege
[029] destroyed. But if the lord is negligent in suing and putting forward his claim, no
[030] matter in what way, and the fugitive returns after the year, it will not be lawful for
[031] the lord [to retain him] nor to lay a safe hand upon him, for after a year the fugitive
[032] may have the privilege and may defend himself in his free status by an exception.
[033] Thus

Notes

44. Infra 188, 250

46. Infra 250

47. Infra iv, 287

48. Br. and Azo, 77-81

49. ‘Nec solvitur dominica potestas,’ from line 5

50. Infra 43

51. Latham in E.H.R., lxxvi, 639, 642

52. Reading: ‘certis temporibus chevagium solverint in signum’

53. ‘diminutionis’; infra iv, 283

54. ‘Nec solvitur ... potestas,’ from line 14

55. ‘statim,’ from line 16

56. Infra iii, 25

57. Infra iii, 85