Harvard Law School Library

Bracton Online -- English

Previous   Volume 4, Page 280  Next    

Go to Volume:      Page:    

[001] the case may sometimes1 proceed whether there has been a prohibition or not, everything
[002] done in the lesser court will be revoked. An exception to the jurisdiction also
[003] lies because of the privilege of the person impleaded, as where one need not answer
[004] to any plea except before the king himself or his chief justice, a privilege the Hospitalers,
[005] the Templars and many others have.2 Also because of a privilege arising
[006] from the grant of a liberty, as where the universitas or the community of some city,
[007] like London, need not answer to any plea brought outside the city, a privilege the
[008] barons of the city of London have, who will not answer outside the city except with
[009] respect to forinsec tenures. An exception to the jurisdiction also lies because of the
[010] liberty of a universitas, that it will not answer to any plea except in a specified place,
[011] a privilege which the barons of the Cinque Ports have, who will not answer any plea
[012] except at Shipway.3 An exception to the jurisdiction also lies because of the welfare
[013] of a universitas, that is, lest they be drawn outside the county to serve on assises of
[014] novel disseisin4 or mortdancestor. Similarly in the courts of barons, who are unwilling
[015] or unable to hold a plea of right, or if they have remitted their jurisdiction and court
[016] and later wish to recover it. And so by reason of a contract, a delict or a renunciation,
[017] of which we have spoken above.5

The exception against the person of the justice and the reasons for recusation.

[019] 6We have spoken of exceptions to the jurisdiction. Now we must see if there is any
[020] that may lie against the person of the justice, as where, for some reason, fear, hatred
[021] or love, he is considered suspect. It seems that he ought not to be rejected,7 for if he
[022] wittingly decides incorrectly he makes the case his own, and will be bound to restore
[023] damages when he has been convicted of that by a superior; if he does so through inexperience,
[024] he will not,8 but may be summoned to come and make a record, so that
[025] what needs correction may be corrected and the matter brought back into its
[026] proper state.9 But it is better, as is evident, to take action in time rather than


1. ‘quandoque’

2. Supra ii, 302, iv, 60

3. Supra ii, 333

4. ‘disseisinae’

5. Supra 250

6. Supra i, 160 (full collation); Schulz in Seminar, ii, 41; Richardson, Bracton, 147-9

7. ‘Videtur quod non debeat recusari,’ as Schulz

8. Supra ii, 289, iii, 338

9. B.N.B., no. 1166

Contact: specialc@law.harvard.edu
Page last reviewed April 2003.
© 2003 The President and Fellows of Harvard College