Bracton: Thorne Edition: English. Volume 3, Page 208

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Volume 3, Page 208

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[001] by default, as the assise of mortdancestor and others. If he appears but the jurors do
[002] not, he will always have a single essoin, as often as he appears in court and has a
[003] day.¹ If he essoins himself on the first day and has a day by his essoiner² on which he
[004] fails to appear, let the assise be taken by default at once; resummons will not lie.
[005] When and how often a resummons lies.³ [A resummons lies] whenever the assise is
[006] taken outside the county, but in the county before the itinerant justices ad omnia
[007] placita or before four justices assigned ad hoc, a resummons does not lie,⁴ nor the
[008] extended delay or fifteen days,⁵ when the tenant in the assise of mortdancestor or the
[009] deforciant or impediant as here, are resident in the same county during the time of
[010] the eyre and also the thing in question, any more than against a minor, [but let the
[011] assise be taken immediately after the first default, as in novel disseisin. And that no
[012] resummons ought to be made in the eyre of the justices under such circumstances,
[013] when the parties and the thing in question are all in the county, may be seen in the
[014] eyre of Martin of Pateshull, from his last eyre in the county of Suffolk⁶ in the
[015] twelfth⁷ year of king Henry, an assise of mortdancestor [beginning] ‘if Adam of N.’⁸
[016] And that a resummons does not lie against one who is within age is proved in the last
[017] eyre of Martin of Pateshull in the county of Suffolk, in the same year, an assise of
[018] mortdancestor [beginning] ‘if Thomas of Colevile.’]⁹ and for the same reason that
[019] an essoin does not lie against a minor,¹⁰ since it is equally effective in the
[020] absence of the tenant as in his presence,¹¹ A resummons does not lie because of
[021] contumacy, as where the tenant or impediant appears on the day of the summons
[022] and contumaciously withdraws, after being seen by the justices in court, who have¹²
[023] record; let the assise be taken at once without resummons, as [in the roll] of the same
[024] eyre of the same Martin in the same year in the county of Norfolk, as assise of
[025] mortdancestor [beginning], ‘if Bartholomew of Waterdene.’¹³ In every assise except
[026] novel disseisin an essoin or a resummons lies on the first day, but on a second day,
[027] after the essoin, a resummons will not lie, nor conversely, an essoin after the resummons,
[028] but let the assise be taken by default at once.¹⁴ According to some, however,
[029] after an essoin or a resummons an essoin of the service of the lord king lies, in
[030] every assise where both lie, except in the assise of darrein presentment,¹⁵ provided
[031] he has his warrant on his day. That the essoin of absence on the king's service ought
[032] not to lie after an essoin of difficulty in coming

Notes

1. Item si . . . diem habuerit,’ from lines 4-5

2. ‘essoniatorem’

3. Rubric; om: ‘Ex praemissis . . . apparet’

4. Infra 252; reading: ‘sed in comitatu coram . . . placita, vel coram’

5. Infra 253

6. ‘Suffolciae’; B.N.B., i, 165

7. ‘duodecimo’ for ‘decimo’

8. Not in B.N.B.

9. B.N.B., no. 1909; infra 293

10. Infra 301

11. Supra 207, infra 253

12. ‘habent,’ as Fleta, v, ca. 11

13. B.N.B., no. 1803 (Norfolk eyre, 6 H. 3)

14. Infra 253

15. Infra iv, 78