Bracton: Thorne Edition: English. Volume 2, Page 360

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Volume 2, Page 360

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Where both principal and accessory have fled; one is outlawed for being an accessory as well as for being a principal, and conversely.

[002] The causes of outlawry may be several, for one may be outlawed¹ (at someone's
[003] suit or by inquest before the justices, as was said)² for being an accessory as well as
[004] for being a principal, this order however being observed, according to some, since
[005] different men hold different opinions in this matter, that if both the man appealed
[006] as accessory and he appealed as principal are absent both are then to be exacted
[007] together at every county court [and] if they do not appear [outlawed together],
[008] provided that at the last court, which should be the fifth, the promulgation of
[009] outlawry against those appealed as accessories is deferred until the principal is
[010] convicted,

How and when outlawry should be promulgated in the case of principals and when in the case of accessories; opinions differ whether it should be immediately and on the same day.

[012] so that, according to some, the outlawry is first pronounced against the principal
[013] and subsequently on the same day against the accessory, and thus in the same
[014] court. But others say that both outlawries are not to be pronounced on the same
[015] day nor in the same court but on different days and in different courts. Some also
[016] say that the principal and accessory are not to be exacted together but the accessory
[017] only when the principal has been convicted, whether the accessory has fled or is
[018] present. But what was [first] said above applies when both have taken to flight. A
[019] presumption arises against both, because of the flight, and the same may be said,
[020] it is submitted, when the principal is present and the accessory has fled,³ but the
[021] judgment of outlawry will remain until the principal has either made or failed to
[022] make his defence.

Where the accessory is present and the principal has fled, or both [have fled].

[024] When the accessory is present and the principal has fled, proceedings are not to
[025] be taken against the accessory until the principal is convicted,⁴ [But what if both
[026] have taken to flight but someone is pledged to produce the principal at some county
[027] court? Let the accessory be exacted nevertheless, because of his flight, provided
[028] that judgment remains until the principal is convicted.]⁵

If one wishes to mainprise at the fourth county court he shall not be heard.

[030] [If someone wishes to mainprise the principal at the fourth county court, as was
[031] discussed briefly above,⁶ he shall not be heard, as Martin [of Pateshull] replied to
[032] Richard Duket in connexion with an escheat in the county of Kent. To the same
[033] effect is [a case in the roll] of the eyre of Martin of Pateshull in the county of
[034] Worcester in the fifth year of king Henry,⁷ for there it is said that

Notes

1. ‘utlagetur’

2. Supra 355

3. Om: ‘quod ... exigatur’

4. Infra 389; continued 361, n. 5

5. This and the portion in brackets following belong supra at n. 3

6. Supra 354

7. Selden Soc. vol. 1, 87-8; vol. 53, no. 1142