Bracton: Thorne Edition: English. Volume 3, Page 258

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Bracton Online -- English

Volume 3, Page 258

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[001] Therefore we order you to go in person to that manor [and], having joined with you
[002] twelve lawful and discreet men of that neighborhood, knights as well as other free
[003] men, by whom the matter may best be settled, to cause an extent and valuation to
[004] be made by their oath of land and rent to the value of twenty shillings in a suitable
[005] place in the aforesaid manor, and, the extent and valuation having been made,
[006] that you then, by the view of the aforesaid recognitors, cause him to have and to be
[007] assigned the aforesaid twenty shillings worth of land and rent with the appurtenances
[008] by a reasonable extent. And what and where and by what parcels you assign that
[009] land and rent to him [make known] to us or our justices etc. in such a place and on
[010] such a day, clearly and distinctly and openly by your letters sealed with your seal
[011] and the seals of the aforesaid twelve jurors, and by two lawful men from among
[012] those by whose view you assign him that land and rent. And have there this writ and
[013] the names of those by whose view you assign that land to him.’

Of the exceptions and answers of the tenant against the assise, why it ought to remain.

[015] When the parties have appeared in court, the tenant may object in many ways:
[016] against the person of the judge, with respect to the jurisdiction; against the impetrated
[017] writ, on the grounds of error; against the person of the demandant, why he cannot
[018] claim; [against the summons], that it was unlawful, and against the persons of the
[019] jurors. These [objections] are, so to speak, outside the assise, and neither touch nor
[020] destroy the action, only delay it for a time, as was explained in detail above in the
[021] tractate on the assise of novel disseisin.¹ [But as little was said above of summons,
[022] because in novel disseisin there is no summons only an attachment,² [something
[023] must be said of that]. When a tenant is summoned [and appears] on a certain day to
[024] hear that recognition, the summons is either lawful and rightful or unlawful, whether
[025] it has been attested or not. If it is lawful let the assise proceed. If unlawful, it is
[026] either challenged or not. If it is challenged, let inquiry be made of the summoners
[027] as to the day and place and the other circumstances, separate examinations being
[028] made, and if after examination it is established that the summons was lawful, let
[029] the assise proceed as before; if unlawful, let another lawful day be given, according
[030] as the parties are resident within the county or outside it.³ On that day the tenant
[031] may essoin himself if he wishes; if he defaults he will not be resummoned but let the
[032] assise be taken by default, because he cannot deny the day given in the bench, nor
[033] challenge it after an essoin cast, because by the essoin

Notes

1. Supra 78, 149

2. Supra 57

3. Infra iv, 64