Bracton: Thorne Edition: English. Volume 2, Page 376

Harvard Law School Library

Bracton Online -- English

Volume 2, Page 376

Next

Go to Volume: Page:

[001] be admitted, though he has thus proved his innocence. If though he has been
[002] exacted and outlawed he never withdrew from seisin but always remained in
[003] uninterrupted seisin through his wife and children and household, [when he is
[004] inlawed] he still cannot retain the inheritance unless his chief lord so wishes,
[005] because the outlawry was properly done.>¹

They are restored to the law, especially in criminal matters, that they may answer others, but others need not answer them. In civil matters they [are to answer] others.

[007] ²They are restored to the law that they may answer others, especially in criminal
[008] matters, and stand trial if anyone wishes to sue against them, but others shall
[009] not answer them. In civil matters they [shall answer] others, but others shall not
[010] answer them because on their side obligations are extinguished by the outlawry,
[011] and accordingly [their] actions are extinguished and cannot be revived.³ They are
[012] bound to answer if anyone wishes to sue against them, [and here they are bound to
[013] answer all men but have their exceptions against all, save against those who
[014] properly and according to the law of the land brought the suit against them by
[015] which they were outlawed. Hence if they defend themselves against others [they
[016] may do so] by way of exception,]

The king pardons them his suit without prejudice to others.

[018] for the king pardons them his suit, which he may [well] do, without prejudice to
[019] others.⁴ But [what] if, when one has been outlawed [and inlawed], the one who sues
[020] against him is he who properly and adequately brought the suit against him by
[021] which⁵ he was outlawed, who asks judgment whether, in as much as he was outlawed
[022] at his suit, he ought to convict him again, since he has once convicted him by
[023] his suit. It is submitted that he ought to do so, for one⁶ outlawed at the suit of
[024] another is not on that account convicted of the deed and the felony, only of contempt
[025] and disobedience, [that is why one may be outlawed at the suit of another
[026] for flight [alone], as was said above,⁷ though there is no cause, deed or felony,]

If one wishes to sue against him when he has been inlawed, he must proceed against him by words of appeal.

[028] and therefore let him sue against him de novo. [But] when the appellor has once convicted
[029] him by appeal and suit,⁸ because of the properly brought suit of the appellor
[030] [and] the flight and outlawry,⁹ the appellee loses¹⁰ his exceptions, also his election
[031] as to defending himself by his body or putting himself on the country. He must
[032] therefore make his defence by the country,

Notes

1. Supra 374, infra 377

2. Continued from 374

3. Supra 374

4. Supra 373, 375

5. ‘quam’

6. ‘Videtur quod sic quia si quis’

7. Supra 374

8. ‘cum appellans . . . sectam,’ from lines 33-4

9. ‘[et] propter fugam et utlagariam,’ from last line

10. ‘amiserit’