Henry de Bracton
Henry of Bracton | |
|---|---|
| Born | c. 1210 Devon, Kingdom of England |
| Died | c. 1268 |
| Resting place | Exeter Cathedral |
| Other names | Henry de Bracton; Henricus Bracton; Henry Bratton; Henry Bretton |
| Occupations | Cleric; jurist; royal justice |
| Era | 13th century |
| Known for | De legibus et consuetudinibus Angliæ; early formulation of mens rea |
| Notable work | De legibus et consuetudinibus Angliæ |
| Title | Archdeacon of Barnstaple; Chancellor of Exeter Cathedral; Rector of Combe-in-Teignhead; Rector of Bideford |
Henry of Bracton (c. 1210 – c. 1268), also known as Henry de Bracton, Henricus Bracton, Henry Bratton, and Henry Bretton, was an English cleric and jurist.
He is famous now for his writings on law, particularly De legibus et consuetudinibus Angliæ ("On the Laws and Customs of England"), and his ideas on mens rea (criminal intent). According to Bracton, it was only through the examination of a combination of action and intention that the commission of a criminal act could be established. He also wrote on kingship, arguing that a ruler should be called king only if he obtained and exercised power in a lawful manner.
In his writings, Bracton manages to set out coherently the law of the royal courts through his use of categories drawn from Roman law, thus incorporating into English law several developments of medieval Roman law.