Bracton: Thorne Edition: English. Volume 3, Page 207

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Bracton Online -- English

Volume 3, Page 207

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[001] at such a place on such a day as he was summoned to do. And have there the summoners
[002] and this writ.’¹ If he appears on that day the summons cannot be impugned
[003] so as to prevent the assise from proceeding, whether the first summons is attested or
[004] the second or neither, since he had a reasonable day and knows or ought to know that
[005] he was summoned.² If he does not appear at all, let the assise be taken by default, if
[006] the jurors are present, and the matter determined.³ If they are not, let the sheriff
[007] be ordered to have their bodies on another day, on which, whether he appears or not,
[008] let the assise be taken at once, since it is equally operative in his absence as in his
[009] presence, since, in view of the odium connected with his default, he can say nothing
[010] as to why the assise should remain, unless perhaps for the purpose of certifying the
[011] jurors, if he has a charter, or something of that kind has intervened.⁴

Writ that the sheriff cause the jurors to appear.

[013] ‘The king to the sheriff, greeting. We order you to cause A. B. and C. to appear
[014] before etc. (or ‘that you have before etc. the bodies of A. B. and C.’) the recognitors
[015] of the assise of darrein presentment which was summoned in [our] court etc. before
[016] [our] justices etc. between A. the plaintiff and B. the impediant concerning the advowson
[017] of the church of M. And to show why they were not etc. on such a day at such
[018] a place as they were summoned to be.’ If they make further default, let this be said
[019] at the end of the writ ‘and to hear their judgment for their several defaults.’⁵ If necessary
[020] there may also be put at the end of the writ, ‘and put on that assise so many and
[021] such men, knights as well as other free, lawful and discreet men of the near neighbourhood,
[022] and have them before our aforesaid justices on the aforesaid day to make that
[023] recognition together with the jurors previously chosen, that the assise may not
[024] remain for lack of recognitors. (Or thus: ‘And in place of such persons, removed from
[025] the assise because they are for good reason suspect, either because they are the men
[026] or the kinsmen of such a one, or are in some other way unfit or essoinable,’ or ‘in the
[027] place of such persons, who are dead, put so many and such other lawful and discreet
[028] knights with those previously chosen, and have such persons etc.’) And in the meantime
[029] let them view that church.⁶ And summon by good summoners such a one to be
[030] before etc. to hear that assise (if he was absent on the day) ‘and to show why he was
[031] not etc.’ The summons [of the defendant] is put in ex abundantia cautelae). ‘And have
[032] there the summoners and this writ etc. Witness etc.’ This last clause is applicable in
[033] all assises which are to be taken

Notes

1. Infra 253

2. Infra 259

3. Infra 258

4. Infra 253

5. Infra 255

6. ‘Et quod . . . videant,’ from lines 25-26