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Legal Definitions - utfangthief
Definition of utfangthief
Utfangthief refers to a historical feudal right that allowed a lord, baron, or other feudal superior to pursue, apprehend, and bring to justice a thief who had committed a crime within their own territorial jurisdiction but had subsequently fled into another lord's territory.
Essentially, if a theft occurred on a lord's land, and the perpetrator escaped beyond the boundaries of that lord's domain, the right of utfangthief empowered the original lord to cross those boundaries, capture the thief, and return them to face trial in the lord's own court.
Example 1: Stolen Grain
Imagine the year 1250. A farmer in Lord Reginald's manor discovers that a significant portion of his harvested grain has been stolen from his barn. Witnesses report seeing a stranger fleeing towards the lands of the neighboring Baroness Eleanor. Lord Reginald, invoking his right of utfangthief, dispatches his men-at-arms to pursue the thief into Baroness Eleanor's territory. Upon apprehending the thief, Lord Reginald's men bring him back to Lord Reginald's court for trial, rather than leaving him to be judged by Baroness Eleanor.
This illustrates utfangthief because the theft occurred within Lord Reginald's jurisdiction, the thief fled outside of it, and Lord Reginald exercised his right to retrieve the thief for judgment in his own court.
Example 2: Missing Royal Tax Collector's Funds
During the reign of King Edward I, a royal tax collector, operating within the jurisdiction granted to the Earl of Warwick, reports that a substantial sum of collected taxes has been stolen from his strongbox. Intelligence suggests the culprit has sought refuge in a distant, independent borough not under the immediate control of the Earl. The Earl of Warwick, having been granted the privilege of utfangthief by the Crown for matters within his earldom, sends his bailiffs to the borough to apprehend the thief and bring them back to the Earl's court to face charges related to the theft of royal funds within his domain.
This demonstrates utfangthief as the theft happened within the Earl's granted jurisdiction, the thief escaped beyond it, and the Earl used his right to retrieve the individual for trial within his own judicial system.
Example 3: Stolen Church Relic
In a medieval bishopric, a valuable relic is stolen from the cathedral treasury. The thief manages to escape across the river into the territory of a powerful Duke. The Bishop, who holds extensive temporal jurisdiction over his lands, including the right of utfangthief, sends his own guards to pursue the thief into the Duke's lands. With the Duke's (or perhaps without, depending on the specific feudal arrangements and power dynamics) cooperation or acknowledgment of the Bishop's right, the thief is captured and returned to the Bishop's ecclesiastical court for judgment, as the crime originated within the Bishop's domain.
This example highlights utfangthief by showing a religious authority exercising this feudal right to retrieve a thief who committed a crime within the bishopric but fled to another lord's territory, ensuring the thief faced justice in the original jurisdiction.
Simple Definition
Utfafangthief, also known as outfangthief, was a historical legal right granted to a lord or a borough. This right allowed them to pursue and apprehend a thief who had committed a crime within their jurisdiction but had subsequently fled to another territory. The thief could then be brought back to the original jurisdiction for trial and punishment.