Bracton: Thorne Edition: English. Volume 3, Page 252

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Volume 3, Page 252

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[001] of [his] brother or sister, since the answer may always be made to the uncle's assise
[002] that he has a nephew who has a greater right in that tenement than he, [that is], if the
[003] land is not partible, or if it is, as much right. He may then take nothing by the assise.
[004] But if one of them claims an inheritance descending from a common stock against
[005] the other by assise or writ of cosinage, the uncle against the nephew or conversely,
[006] neither action will lie, only a writ of right, as will be explained more fully below in the
[007] tractate on cosinage.¹

The manner of proceeding after impetration of the writ, and of essoins.

[009] When the writ of assise of mortdancestor has been impetrated in any of the aforesaid
[010] ways, and when it has been shown to the sheriff, the jurors chosen and the view
[011] made, let a day be given the parties before the justices, the day and place being
[012] certain, and let the jurors be summoned to appear at that time to make the recognition.
[013] On that day the tenant may essoin himself, if he wishes, one or several, [if
[014] several], separately, according as they hold separately and by themselves or together
[015] and in common, provided that each of them has a single essoin² of difficulty in
[016] coming, if he is³ in the county, and sometimes ‘of the service of the lord king,’ one
[017] or several.⁴ If [he is] beyond the sea and [was there] before the summons, he will then
[018] have one [essoin] ‘of beyond the sea,’ and a short or an extended day according as
[019] the tenant has essoined himself of a pilgrimage to St. James, this side the sea, or of a
[020] pilgrimage to the Holy Land,⁵ [and then according as it is of] a simple pilgrimage or a
[021] general passage; the least he will have is the space of forty days and one flow and one
[022] ebb, as will be explained more fully below [in the portion] on essoins.⁶ If on the first
[023] day he neither comes nor essoins himself, let him then be resummoned at once. If the
[024] assise ought to be taken in the county, let the sheriff be ordered to cause him to be
[025] resummoned without writ, [In truth, wherever the assise is taken, [inside or] outside
[026] the county, after an essoin or a resummons, a day given or a warrantor vouched,⁷ it
[027] ought always be begun in the county,⁸ and therefore if a resummons ought to be
[028] made, it ought to be made in the county.] but if on resummons a day is given outside
[029] the county, it will then be necessary that it be made by writ, that [what was done]
[030] may be known outside the county. The writ of resummons⁹ will be this.

The writ of resummons if the assise is to be taken outside the county.

[032] ‘The king to the sheriff, greeting. Summon A. by good summoners to be

Notes

1. Supra ii, 189, infra 283, 284-5, 322, iv, 46

2. Infra iv, 83

3. ‘fuerit’

4. Supra 208

5. Reading: ‘essoniaverit de peregrinatione ad Sanctum Jacobum citra mare, vel de peregrinatione versus’; supra 23, infra iv, 75

6. Infra iv, 74

7. Supra 208-9

8. Magna Carta (1215) ca.18; (1225) ca.12; supra ii, 301

9. ‘breve de resummonitione’; supra 206