Bracton: Thorne Edition: English. Volume 4, Page 368

Harvard Law School Library

Bracton Online -- English

Volume 4, Page 368

Next

Go to Volume: Page:

[001] his judgment for his several defaults.’ If he comes on that day, let his defaults be
[002] treated as above. If he does not come, the distress must be made more severe, namely,
[003] the sheriff is to distrain him by his lands and chattels so as to be assured of having
[004] his body at another day. If he then does not come, the sheriff is to distrain him by his
[005] lands and chattels in such a way that neither he nor any one acting for him or sent
[006] by him may put his hand on his lands, tenements, crops or other chattels. If he then
[007] does not come, let the sheriff be ordered so to distrain him by his lands and chattels
[008] that he seize all his lands and chattels into the king's hand and keep them in his hand
[009] until the lord king orders otherwise, and to answer for their issues to the lord king.
[010] On this matter¹ may be found [in the roll] of Michaelmas term in the third and the
[011] beginning of the fourth years of king Henry, towards the end of the roll.² Beyond this
[012] there can be no distress by lands and chattels. But when, after so many and such
[013] great delays, the plaintiff has not got justice, what will happen? For it is hard if he
[014] must abandon his plea and depart in despair, his business incomplete. It would thus
[015] be advantageous, it is submitted, to distinguish between pleas or civil actions, that
[016] is, whether the action was personal and pecuniary, arising ex contractu [or ex delicto;
[017] if ex contractu], it would be well at the outset to award the plaintiff seisin of chattels
[018] equivalent to the amount of the debt claimed,³ to give him a day and to summon him
[019] of whom he complains. If the latter comes on the day of summons, his chattels would
[020] then be restored to him, provided he answered on the principal matter; if he did not,
[021] he would no longer be heard as to his chattels but the plaintiff would thenceforth be
[022] made their true possessor. If the plea was civil arising ex delicto, as an actio injuriarum,
[023] the injuria would then be assessed by the justice acting ex officio,⁴ and, taxation being
[024] made, the equivalent would be seized into the hand of the lord king from the rents
[025] and chattels of the fugitive because of his contumacy; the procedure would then be
[026] as above. If when his body is not found, and he has neither lands nor chattels, it
[027] would be iniquitous if justice should remain or wrongdoing go unpunished, [therefore]
[028] whether the action is pecuniary [ex contractu or ex delicto as an actio] injuriarum,
[029] even though it is not criminal, he should be exacted at the plaintiff's suit from
[030] county court to county court because of his contumacy and disobedience to the lord
[031] king, because there is no greater crime than contempt and disobedience.⁵ For everyone
[032] in the realm is or ought to be obedient to the lord king and his peace.⁶ When
[033] those called or summoned by the king refuse to come they make themselves outlaws,
[034] and ought therefore to be outlawed,

Notes

1. ‘hoc’

2. B.N.B., iii, 717 (App. no. 2); C.R.R., viii, 167

3. Tancred, 136: ‘si agitur personali actione, mitti debet in possessionem bonorum rei iuxta mensuram declarati debiti, primo mobilium, si ea habet, vel si ea non habet, immobilium . . .’

4. Supra ii, 282

5. Supra ii, 359

6. Ibid.