Bracton: Thorne Edition: English. Volume 2, Page 375

Harvard Law School Library

Bracton Online -- English

Volume 2, Page 375

Next

Go to Volume: Page:

[001] that he answer all who wish to sue against him. [because as soon as he is convicted,
[002] by the outlawry the mere right begins to revert to the chief lord, since
[003] it can no longer remain with the felon, and he is restored to grace without prejudice
[004] to anyone.]¹ ²There are some who ought to be restored to the peace of
[005] right, in every case [and to everything though they have been outlawed,] where
[006] the outlawry is void ipso jure,³ as where it has been done contrary to the law of the
[007] land and the custom of the realm, or in a way other than it ought rightfully to be
[008] done, [or in another place, as where it is done outside the county court or, in London,
[009] outside the hustings,]⁴ which may occur in many ways, as where it is done before the
[010] fifth county court; [or] if in the county court, at no one's suit,⁵ neither king, kinsman
[011] nor friend; [or] if there has been suit, he who was outlawed was under age;⁶ [or]
[012] could not appear because he had surrendered himself to prison before the outlawry,⁷
[013] for that deed or another; [or] when he was appealed and exacted for one deed in one
[014] county by one man, he had defended himself with regard to that deed⁸ in another
[015] county against another appealing him of the same deed,⁹ and in many other ways.
[016] ¹⁰Of right rather than grace, [though neither to his inheritance nor his chattels,]
[017] where there was no cause at all for the outlawry, only that he was timid and withdrew
[018] himself fearing what did not exist, as because he alleged to be slain now appears
[019] alive.¹¹ Of grace but not of right [to the peace only and to nothing else when he has
[020] been properly outlawed,]¹² as he who has killed a man by misadventure without
[021] wrongful intent,¹³ because will and purpose are the distinctive marks of crimes.¹⁴
[022] But if he has slain another in felony and premeditated assault he ought never to be
[023] restored, of right or of grace, because to such no grace is to be done lest it furnish
[024] others the temerity to perpetrate similar deeds, because the ease of pardon etc.¹⁵
[025] Yet the king sometimes does grace to such persons, in contravention of justice,
[026] when they have been outlawed at his suit, but only on condition that they answer
[027] all charges against them.¹⁶ Suppose that an eldest son, outlawed in the lifetime
[028] of his father or other ancestor, has been inlawed, and thus [admitted] to the king's
[029] peace survives his ancestor's death; he will not be admitted to the inheritance.
[030] Though he has been inlawed on condition that he answer all men and he successfully
[031] makes his defence by his body or by the country, he will still not

Notes

1. Glanvill, vii, 17; belongs infra 376, n. 1

2. New paragraph

3. Supra 357, 369, 373

4. Supra 358, 363

5. Supra 358

6. Supra 359

7. Supra 358

8. Reading: ‘ab uno, de facto illo se defendidit’

9. Supra 356, 358

10. Om: ‘Item sine iuris iniuria’; ‘de iure et non de gratia,’ from line 19

11. Supra 358, 369, 373, infra 378

12. Supra 373, 374

13. Supra 357, 369, infra 378, 438

14. Supra 23, 289-90, infra 384

15. Supra 368, 372

16. Supra 369, 374, infra 376