Bracton
historical figure · 7 works · 17 mentions · 23 anchored passages
Henry de Bracton · Braeton
in the texts
Magna Carta: A Commentary on the Great Charter of King John
Medieval English legal writer cited as one of the classical authorities on tenure.
partly because the classical authors of different epochs, from Bracton to Blackstone, contradict each other;
Bracton thought it necessary to urge that intestacy was not a crime.
The Assize of Clarendon authorized such indictments to be taken before sheriffs, and we learn from Bracton that, immediately the formal accusation had been made, the sheriff became responsible for the safety of the accused man’s property, both real and personal.
An Essay on the Trial by Jury
Medieval legal writer cited by Coke as supporting authority for his interpretation of 'balivus'.
Coke makes various references, in his margin to Bracton, Fleta, and other authorities, which I have not examined, but which, I presume, support the opinion expressed in this quotation.
34,) that bailiffs of hundreds might anciently hold plea of appeal and approvers;
—Magistrates who formerly administered justice in the parliaments or courts of France, answering to the English sheriffs, as mentioned by Braeton.
The Constitutional Documents of the Puritan Revolution, 1625–1660
Medieval legal authority whose treatise is invoked to support the view that a subject's remedy against the king's wrongdoing is petition, not legal process.
Speaking of a writ for wrong done by the King to the subject touching land, he hath these words:
Bracton and Glanvill, in the front of their books, published that the King must have arms as well as laws;
Ancient Law
English writer under Henry III whose treatise borrowed extensively from Roman law while presented as English law.
should have been able to put off on his countrymen as a compendium of pure English law a treatise of which the entire form and a third of the contents were directly borrowed from the Corpus Juris, and that he should have ventured on this experiment in a country where the systematic study of the Roman law was formally proscribed, will always be among the most hopeless enigmas in the history of jurisprudence;
Dissertations on Early Law and Custom
Medieval English legal treatise-writer used to date changes in land tenure.
and a comparison of the treatises of Glanvill and Bracton enables us to fix the time when the most widely diffused of English tenures—socage—was just putting off the characteristics of the allod, and putting on those of the feud.
Lectures on the Early History of Institutions
Medieval English legal writer whose brief notice of distraint practice is cited.
and the practice seems to have been known in Bracton’s day, though the brevity of his notice does not permit us to understand fully its course and character.
The Law of Torts
Thirteenth-century English jurist who attempted to classify personal actions on the Roman model.
Bracton, fixing our terminology for all time, had said that there was no actio in rem for the recovery of movables because the judgment gave the defendant the option of paying the value instead of delivering the chattel.
Now to Bracton writing in the middle of the thirteenth century, while the king in his chancery and his court still exercised a considerable power of making and sanctioning new writs, it may have seemed very possible that the personal actions might be neatly fitted into the scheme that he found provided in the Roman books;