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Updated: June 9, 2025
The legal literature, written in Latin or French, and illustrated by such names as Bracton, Britton, and "Fleta," shows that there was growing up a school of earnest students of English law who, though anxious, like Bracton, to bring their conclusions under the rules of Roman jurisprudence, began to treat their science with an independence which secured for English custom the opportunity of independent development.
Bracton says that the lesser wrongs described by him belong to the king's jurisdiction, "because they are sometimes against the peace of our lord the king," /3/ while, as has been observed, they were supposed to be always committed intentionally.
But LI. Cnuti, 61. make it a 'scetus inexpiable. 'Hus brec and baernet and open thyfth and asbereniorth and hlaford swice after woruld laga is boileds. Word for word, 'House break and burnt, and open theft, and manifest murdher, and lord-treachery, after world's law is bootless. Bracton says, it was punished by death.
If it should be suggested that what has been said goes to show that the first grantor's duty to warrant arose from the assign's becoming his man and owing homage, the answer is that he was not bound unless he had mentioned assigns in his grant, homage or no homage. In this Bracton is confirmed by all the later authorities. /2/
These great barons, who held immediately of the crown, shared out a great part of their lands to other foreigners, who were denominated knights or vassals, and who paid their lord the same duty and submission in peace and war, which he himself owed to his sovereign. Vital. p. 523. Spellm. M. Paris, p. 4. Bracton, lib. 1. cap. II. num. 1.
A chair between Lake and Sir Harry impeded the baronet's stride, and his uplifted arm was caught by a gentleman in moustache, who held so fast that there was no chance of shaking it loose. 'D it, Bracton; d you, what the devil don't be a fool' and other soothing expressions escaped this peacemaker, as he clung fast to the young baronet's arm.
This was furnished by the Roman law. According to that system, the buyer stood in the place of his seller, and a fusion of the Roman with the Anglo-Saxon rule was all that was needed. Bracton, who modelled his book upon the writings of the mediaeval civilians, shows how this thought was used.
Glanvil, however, says in terms that, if a borrowed thing be destroyed or lost in any way while in the borrower's custody, he is absolutely bound to return a reasonable price. /3/ So does Bracton, who partially repeats but modifies the language of Justinian as to commodatum, depositum, and pignus; /4/ and as to the duty of the hirer to use the care of a diligentissimus paterfamilias. /5/
By an edict of Phillip Augustus, in the year 1190, those bailiffs were appointed in all the principal towns of the kingdom." Millar's Hist. View of the Eng. Gov., vol. ii., ch. 8, p. 126. "BAILIFF- office. Magistrates who formerly administered justice in the parliaments or courts of France, answering to the English sheriffs, as mentioned by Bracton." Bouvier's Law Dict.
The same thing has remained true in England until well into this century, with regard even to inanimate objects. As long ago as Bracton, /1/ in case a man was slain, the coroner was to value the object causing the death, and that was to be forfeited sa deodand "pro rege." It was to be given to God, that is to say to the Church, for the king, to be expended for the good of his soul.
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