Bracton: Thorne Edition: English. Volume 4, Page 54

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Bracton Online -- English

Volume 4, Page 54

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[001] denying the summons and defaults by wager of law, [Action after default proved is
[002] taken in many other ways, differing in different counties.] because after proof of default
[003] the serjeant of the hundred immediately issues a summons to the next county
[004] court, or assigns the parties, if they are present, a day at the next county court, which
[005] will always be established by his record, with the testimony of the honest men who
[006] were present, [that is], as to the summons made and the day given, on which, if the
[007] tenant does not come, he will not defend himself by his law against the serjeant's
[008] record. His record will also stand if there is a dispute in the king's court as to whether
[009] the plea is in the court of the chief lord or in the county court, or if a summons was
[010] made by him or not, as [in the roll] of the eyre of William of Ralegh in the county of
[011] Warwick.¹ Though some say that the plea begins to be in the county court immediately
[012] after the summons made by the serjeant, it is only there after the serjeant, being
[013] present in the county court, has attested the proof of the default and the summons.²
[014] When the plea is thus in the county court, no claim having been made by the chief
[015] lord, he will never regain his court, whether the tenant has essoined himself in the
[016] county court or not. For from that time on the plea may at once be transferred by pone
[017] to the great court or determined in the county. Though it very often happens that the
[018] demandant fraudulently says the court has failed to do him right when there was no
[019] plea in the court of the chief lord, or though the lord was ready to do him right the
[020] demandant [fraudulently] betook himself to the county court, and that being proved,
[021] the court would have to be restored to the chief lord,³ he must claim it at a suitable
[022] time, before the plea is in the county court, that is, up to the third day,⁴ lest if he a wait
[023] the day of the county court, proof⁵ of the default and the summons by the serjeant's
[024] record should supervene, or the tenant's essoin, and then a writ for transferring the
[025] plea to the great court, because the court would not then be claimed in time.

When the plea has been transferred to the county court.

[027] When the default has thus been proved and attested by the serjeant, and the summons
[028] as well, the plea of right will begin to be in the county court, where, in an essoin
[029] of difficulty in coming the practice in the king's court ought to be followed, unless by
[030] ancient custom a different practice is observed. As to the essoin of bed-sickness, let it
[031] be done⁶ [as may be seen below, of essoins, if [one is essoined] in the county court.]⁷
[032] With respect to having

Notes

1. Not in B.N.B.

2. Infra 165

3. Om: ‘si . . . petierit’

4. Glanvill, xii, 7

5. ‘probatio’

6. Deleted

7. Infra 143