Bracton: Thorne Edition: English. Volume 2, Page 352

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Volume 2, Page 352

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[001] or in a tithing, or in times past has followed [the hue] with the tithing, cannot
[002] withdraw himself at his pleasure.

How a defendant accused of crime is to be summoned and how outlawed if he does not appear.

[004] When a man has thus withdrawn himself because of homicide or other crime, by
[005] grace and favour of the prince he will be summoned to come and answer and stand
[006] his trial, [if there is someone who proceeds against him; otherwise, unless someone
[007] sues, he is not to be exacted at once,]¹ because ²when grave crimes are charged
[008] against a defendant in his absence it is not usual for sentence to be speedily pronounced
[009] but for him to be noted as one to be summoned to appear, not to be
[010] punished but that he may have an opportunity to clear himself if he can.³ A
[011] lawful period of time, that is five months, within the fifth county court, will be
[012] given him to stand his trial and answer the appellor concerning the crime imputed
[013] to him.⁴ If he does not appear within that time he will be regarded as an outlaw,
[014] since he obeys neither the prince nor the law, and will thenceforth be outlawed, that
[015] is,⁵ one who is outside the law, that is,⁵ a ‘lawless man’.⁶ If he comes within that time,
[016] let him be brought before the court and answer according to the law of the land.
[017] ⁷[If after such exaction, having returned within the time, he dies, though he has
[018] not yet cleared himself he transmits his inheritance to his heirs,⁸ even though he is
[019] guilty, but he loses his chattels because of his flight.]⁹

When a wrongdoer has taken to flight: how he is to be exacted in the county court and from one county court to another and who may and ought to prosecute.

[021] [Thus] he must either return to the peace¹⁰ within the prescribed term or (as one
[022] disobedient to the law) be outlawed in the county court according to the law of the
[023] land. When a wrongdoer has taken to flight, there must be someone who prosecutes,¹¹
[024] [who speaks of his own sight and hearing, and let him there¹² recite the words of
[025] the appeal in full as though the fugitive were present, and add to his appeal and
[026] accusation the statement that were the accused present he would pronounce them
[027] against him.] [Not everyone may bring a suit of this kind, only one who has a right
[028] to sue, because of kinship perhaps, because he is connected by blood and kinship
[029] with the slain man,¹³ [when there are several appellors, the nearer kinsman is always
[030] preferred to the more remote,] [or] if he is a stranger, if he was bound by
[031] homage or lordship to the dead man,¹⁴ [or] if he was of his mainpast or household and
[032] says that he received a wound¹⁵

Notes

1. Only after an inquest before the justices: infra 355, Fleta, i, ca. 27

2-3. C. 9.40.1. pr.: ‘Cum absenti reo gravia crimina intentantur, sententia festinari non solet, sed adnotari, ut requiratur, non utique ad poenam sed ut potestas ei sit purgandi se si potuerit.’; ‘adnotari’ for ‘advocari,’ as C.

4. Infra 354

5. ‘scilicet’

6. Infra 361

7-8. C. 9.40.1.1: ‘sin vero intra id tempus reversus post intimationem suam fuerit defunctus, etsi necdum se purgaverit, ad heredes proprios res transmittit.’; ‘etsi se nondum,’ as C.

9. Infra 354, 358, 362, 363

10. ‘oportet quod fugitivus redeat ad pacem’

11. ‘Cum malefactor . . . sequatur’

12. ‘ibi’

13. Glanvill, xiv, 3; infra 399, 407

14. Glanvill, xiv, 3: ‘homagio vel dominio’

15. ‘plagam,’ all MSS.