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Glanvill /3/ mentions melees, blows, and wounds, all forms of intentional violence. In the fuller description of such appeals given by Bracton /4/ it is made quite clear that they were based on intentional assaults. The appeal de pace et plagis laid an intentional assault, described the nature of the arms used, and the length and depth of the wound.
Bracton says, 'Si quis furem noctupnum occiderit, ita demum impune foret, si parcere ei sine periculo suo non potuit; si autem potuit, aliter erit. 'Item erit si quis hamsokne qua; dicitur invasio domus contra pacem domini regis in domo sua se defenderit, et invasor occisus fuerit; impersecutus et inultus ramanebit, si ille quem invasit aliter se defendere non potuit; dicitur enim quod non est dignus habere pacem qui non vult observare earn. L.3. c.23. § 3.
Bracton argues that it is no wrong to the lord for the tenant to alienate land held by free and perfect gift, on the ground that the land is bound and charged with the services into whose hands soever it may come.
His ruminations were dreary, I fancy, and his temper by no means pleasant; and it needed a good deal of that artificial command of countenance which he cultivated, to prevent his betraying something of the latter, when Sir Harry Bracton, talking loud and volubly as usual, swaggered into the supper-room, with Dorcas Brandon on his arm.
The baron feasted in his hall, while the slave grovelled in his cabin. Bracton, the famous lawyer of the time of Henry III., says: "All the goods a slave acquired belonged to his master, who could take them from him whenever he pleased," therefore a man could not purchase his own freedom.
The motives of the author of the Forged Decretals and his extraordinary success are rendered more intelligible by it. And, to take a phenomenon of smaller interest, it assists us, though only partially, to understand the plagiarisms of Bracton.
Not, indeed, as though it excluded the dominion of the King, but precisely because the royal predominance could only be recognised by the effective shutting out of the interference of the lord. To exclude the "middle-man," the King was driven to recognise the absolute dominion of the individual over his own possessions. This is brought out in English law by Bracton and his school.
The up trains from Dollington were 'few and far between, and that diddled Crutchleigh would be down on him the moment the breath was out of poor Lake. She hates Bracton like poison, because he likes the Brandon people; and, by Jove, he'll have up every soul concerned. The Devil and his wife I call them. If poor Lake goes off anywhere between eleven and four o'clock, I'm nabbed, by George!
How "swift to shed blood," as poor William Wylder said last Sunday. Have you any idea what they quarrelled about? 'None in the world. It was that odious Sir Harry Bracton was not it? 'Why so odious, Rachel? How can you tell which was in the wrong? I only know he seems to be a better marksman than your poor brother.
Britton and Fleta, the imitators of Bracton, and perhaps Bracton himself, say that an heir is not bound to pay his ancestor's debt, unless he be thereto especially bound by the deed of his ancestor. /3/ The later law required that the heir should be mentioned if he was to be held.
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