Legal Definitions - scruet-roll

The scruet-roll was a historical legal document that served as the official record of bail being granted and accepted in cases involving a writ of habeas corpus.

To understand this, it's helpful to know that a writ of habeas corpus is a legal action through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person to produce the prisoner in court and provide a valid reason for the detention. If the court found the detention potentially unlawful or decided the person should not remain imprisoned while their case was being reviewed, it might grant bail.

The scruet-roll, therefore, was the specific ledger or record where the details of such bail arrangements—when a person was released from custody after a habeas corpus petition, pending further legal proceedings—were formally documented.

• Example 1: In 17th-century England, a merchant was arrested and held without clear charges. His family filed a petition for a writ of habeas corpus, challenging the legality of his imprisonment. After reviewing the case, the judge ruled that the merchant could be released on bail while the investigation continued. The court clerk would then meticulously record the details of this bail acceptance – including the amount, the sureties (guarantors), and the date – into the official scruet-roll, creating a permanent record of the merchant's temporary release.

• Example 2: During a period of political unrest, several individuals were detained by the authorities, and their supporters sought their release through habeas corpus proceedings. For one particular detainee, the court determined that while the charges were serious, there was no immediate danger of flight, and therefore, bail was appropriate. The fact that this individual was granted and accepted bail, allowing them to be released from prison pending trial, would be entered into the scruet-roll, documenting the court's decision and the terms of their temporary freedom.

• Example 3: Imagine a court session in the early 1800s where multiple habeas corpus petitions were heard. For a sailor accused of desertion, the judge decided to release him on bail, provided he reported regularly to the local magistrate. The court's administrative staff would update the scruet-roll to reflect this specific instance of bail being accepted in a habeas corpus case, ensuring that there was a clear, official record of the sailor's conditional release from custody.