Bracton: Thorne Edition: English. Volume 4, Page 139

Harvard Law School Library

Bracton Online -- English

Volume 4, Page 139

Next

Go to Volume: Page:

[001] be necessary for the essoinee to hold himself to ‘languor’ and observe the year and
[002] day at the Tower of London, either to come in his own person if he can, in the way
[003] described above, or send on his behalf a sufficient responsalis to undertake the suit
[004] for him and make his defence. He then either sends a responsalis or he does not. If
[005] he neither comes nor sends, he will be in default. If he sends a responsalis to be at
[006] the Tower, there to receive a day in court, when he appears before the justices to
[007] answer his answer will be heard, whoever he is, provided that he is of full age. And
[008] so if¹ he send no one, but there is someone at the Tower who says that he was sent
[009] to² receive a day, if he answers in court as a responsalis. ³If judgment is to be given
[010] on his answer as to something which is of the substance of the matter, as with
[011] respect to waging the duel or summoning the grand assise⁴ by which the plea ought
[012] to be determined, it ought to be put in respite until it is ascertained, by four knights
[013] sent to the ‘languid’ person, whether he sent such responsalis, and whether he
[014] ratifies the answer he made on his behalf. And that it ought so to be done is proved
[015] in the roll of Michaelmas term in the fifteenth and the beginning of the sixteenth
[016] years of king Henry in the county of Shropshire.⁵ The writ for sending four knights
[017] to the ‘languid’ person to hear etc. will be this.

A writ for sending to the ‘languid’ person to ascertain if he ratifies the answer which the responsalis made on his behalf.

[019] ‘The king to the sheriff, greeting. Send four knights of your county to such a place
[020] to A., who in our court before the justices (or ‘before us’) essoined himself of bedsickness
[021] against B. in a plea of land, to hear if the same A. sent C. on his behalf
[022] before the aforesaid justices (or ‘before us’) as his responsalis to answer to the same
[023] B. with respect to the same land, and whether he ratifies the answer which the same
[024] C. made on his behalf in the same plea. And similarly to hear if he wishes to attorn
[025] the same C. in the aforesaid plea in his place to gain or lose. And cause the aforesaid
[026] four knights to come before our aforesaid justices (or ‘before us’) etc. at such a term
[027] to testify to what they heard from the aforesaid A. on the foregoing. And have
[028] there the names of the knights and this writ. Witness etc.’ If they come on the day,
[029] let their testimony be heard. If they do not come, let proceedings be taken against
[030] them to default, until they appear, as they are taken above against the four knights
[031] sent to [view] the ‘languid’ person.⁶ He

Notes

1. ‘Et sic si’

2. ‘ut’

3. New sentence

4. ‘sicut de . . . summonenda,’ from lines 11-12

5. B.N.B., no. 651; no roll extant.

6. Supra 116-18