Bracton: Thorne Edition: English. Volume 4, Page 270

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Volume 4, Page 270

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[001] Hilary term in the tenth year of king Henry in the county of Norfolk, [the case] of
[002] Richard Olive.¹

Of judges who deceitfully issue [all] their warnings at the same time so that they may more easily proceed to excommunication.

[004] When the person cited appears in a matter as to which they have no cognisance, there
[005] are, in truth, judges who, to escape a prohibition, a statement of the case having been
[006] made orally and the defendant being denied the benefit of deliberating upon it, give
[007] him the three warnings, one after another, on the first day of the suit, and if he does
[008] not comply with their will, bind him with the chain of excommunication.² And while
[009] the prohibition is pending, when the party has remained for forty days in such excommunication,
[010] in order to escape the prosecution of the prohibition, at the impetration
[011] of the same judges the ordinary informs the king that the person has been
[012] excommunicated for so long a time and causes his arrest by this writ.

Writ to arrest an excommunicated person directed by a bishop to the lord king.

[014] ‘To his most excellent lord Henry by the grace of God etc. N. by divine compassion
[015] bishop of Exeter greeting in Him who gives salvation to kings. We intimate by these
[016] presents to your royal serenity that A. de N., bound in the chain of excommunication
[017] for his manifest contumacy and continuing in that state for forty days and more,
[018] refuses to obey ecclesiastical censure, despising the keys of the church. And because
[019] the royal majesty has been wont to repress the insolence of those who neglect to obey
[020] the precepts and orders of the church, we invoke the arm of your highness, earnestly
[021] asking that, having regard to God and the honour of the church, your royal majesty
[022] may think fit to supply that in which the church lacks strength. May the most high
[023] preserve you.’ If there is one who complains to the king that the judge ordinary or
[024] delegate has maliciously brought about his arrest so that he may be prevented from
[025] suing for a prohibition, let a writ issue at once to the sheriff forbidding him to arrest
[026] him, in this form.

If the bishop or other ordinary has fraudulently brought about the arrest.

[028] ‘The king to the sheriff, greeting. A. has shown to us that, whereas B. parson of such
[029] a place had impleaded him in court christian before such an archdeacon and such a
[030] one, his official, with respect to a certain meadow (or some other thing) which is the
[031] lay fee

Notes

1. C.R.R., xii, no. 1778; not in B.N.B.

2. Flahiff in Mediaeval Studies, vii, 244; Logan, Excommunication, 88