Henry de Bracton - Life

Life

Plucknett describes Bracton in this way: "Two generations after Ranulf de Glanvill we come to the flower and crown of English jurisprudence - Bracton." Bracton was born around 1210 in Devon and had a great deal of preferment in the Church. He either derived from Bratton Fleming or Bratton Clovelly. Both villages are in Devon. It was only after his death that the family name appears as Bracton; during his life, he was known as Bratton, or Bretton. This originally may have been Bradton, meaning "Broad Town". Bracton first appeared as a justice in 1245. From 1248 until his death in 1268 he was steadily employed as a justice of the assize in the southwestern counties, especially Somerset, Devon and Cornwall. He was a member of the coram rege, also called the coram ipso rege, later to become the King's Court. He retired from this in 1257, shortly before the meeting of the Mad Parliament in 1258 at Oxford. It is unknown whether his retirement was related to politics. His leaving coincided with the onset of the notorious Second Barons' War in 1264. At that time Bracton was ordered to restore to the Treasury the large store of plea rolls (case records from previous trials) that had been in his possession. He was also forced to surrender the large number of rolls from his predecessors Martin Pateshull and William Raleigh, also known as William de Raley. It cannot be determined whether he disgraced the King or the barons in this affair, but it is speculated that some kind of political intrigue was involved. The practical result was that his major work, De Legibus et Consuetudinibus Angliae ("The Laws and Customs of England"), was left unfinished. Even so, it exists in four large volumes today. He continued to follow the assizes in the southwest until 1267. In the last year of his life he filled another prominent role, as member of a commission of prelates, magnates and justices appointed to hear the complaints of the "disinherited" - those who had sided with Simon de Montfort, 6th Earl of Leicester.

Bracton apparently had access to the highest stations of Church and State. He was an ecclesiastic. In 1259 he became the rector of the Devonshire parish of Combe-in-Teignhead and in 1261, the rector of Bideford. In 1264 he was made the archdeacon of Barnstaple and in the same year, chancellor of Exeter Cathedral. In 1245 he enjoyed a dispensation enabling him to hold three ecclesiastical benefices. He was buried in the nave of Exeter Cathedral, in front of an altar bearing his name. He had established a chantry (a continuous set of prayers in perpetuity) for his soul that was endowed from the revenues of the Manor of Thorverton.

Bracton described himself thus: "Ius dicitur ars boni et aequi, cuius merito quis nos sacerdotes appellat: iusticiam namque colimus et sacra iura ministramus." Bracton felt he was a priest of the law, a priest forever in the order of Ulpian. Domitus Ulpianus (from whom these words are taken - Pandects 1.1.1) was a Latin (Roman) jurist of great fame in the Middle Ages. The analogy to the Biblical priest Melchizedek, Melchizedek priesthood is apparent.