Bracton: Thorne Edition: English. Volume 4, Page 63

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Volume 4, Page 63

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[001] ordinary, as the lord king, or delegated, as a justice appointed by him, not another
[002] substituted by the justice, because a justice cannot substitute a justice. [I say ‘by
[003] one who has jurisdiction,’ because no other has coercion, and he who has no coercion
[004] cannot punish the contumacious,¹ nor does a judgment given by one who is not
[005] his proper judge bind or hold.]² In this case it either is clear at the outset that the
[006] justice has jurisdiction, or it is clear that he does not, or the matter is doubtful. If it is
[007] clear that he has, the person summoned is bound to appear or excuse himself lawfully;
[008] otherwise he will not escape the punishment for contumacy. If it is clear that he
[009] does not, the person summoned will absent himself with impunity. But if there is
[010] doubt, he ought to appear, if only to allege the privilege of the forum, as will be explained
[011] more fully below [of prohibitions.]³ By whom and how many is a summons to
[012] be made? It is evident that it must be made by two at least, who may if need be
[013] testify⁴ that the summons was lawfully made, and may if necessary, if it is put in
[014] doubt, prove it when asked by the justices as to the time, the day and place and the
[015] other circumstances, as will be explained below. When? It is clear that it must be
[016] made fifteen days before the day on which he ought to appear. [If] a summons of this
[017] kind is made to all those within the realm, outside the county [but] within the four
[018] seas, it ought to be declared lawful. If it contains⁵ a shorter interval it may be judged
[019] unlawful, unless for some lawful reason a shorter time is decreed, as because of a case
[020] which requires urgency,⁶ because the thing is about to perish by time, or for other
[021] reasons where delays are of necessity arbitrary, as because of [the decree of] the
[022] Lateran council concerning vacant churches. Also because of the presence of the
[023] parties in the eyre of the justices, they being in the same county;⁷ it is otherwise if any
[024] party is resident outside it. Also because of persons who ought to have swift justice,
[025] as merchants, to whom justice is done piepowder, and thus, for good reason, the time
[026] of summons is shortened and sometimes provides a period of less than fifteen days.
[027] Sometimes, for good reason, a longer period is given, because of a long journey; according
[028] as one is on a distant journey or a near one; in that case the delay will be
[029] arbitrary.⁸ A lawful summons will be fifteen days, in the manner

Notes

1. Supra ii, 304, iii, 46

2. Infra 159

3. Infra 281

4. Supra 62

5. ‘contineat, as below

6. Infra 364, 377

7. Infra 112

8. Infra 74, 77