Bracton: Thorne Edition: English. Volume 4, Page 275

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Bracton Online -- English

Volume 4, Page 275

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[001] notwithstanding the prohibition, and let him at once produce sufficient suit, two
[002] persons at least, three or more if he can, who, if there is doubt as to their veracity,
[003] may be examined carefully as to the day and the place and the other circumstances,
[004] as is done with regard to witnesses. If in the course of the examination they are found
[005] to disagree, it will be as though he had produced no suit, and hence, to what is essentially
[006] the unsupported word of the plaintiff, neither the judges nor the party against
[007] whom he complains need defend themselves by wager of law. But since proof may
[008] fail though right is not lacking,¹ lest such persons be absolved simply for lack of
[009] proof, let them be told that regardless of what has been done they are not to proceed
[010] with any plea which belongs to the crown and dignity of the king. If the witnesses
[011] are found to be in agreement, the justices ought to hear the answers of the judges and
[012] the party. They may answer in many ways, either that the prohibition could not lie
[013] because the matter in dispute is wholly spiritual or annexed to a spirituality, and they
[014] may show this by the claim made, as where the causa is testamentary or matrimonial,
[015] whereupon [it is obvious that] nothing was presumed against the royal dignity and
[016] consequently they may be absolved from taking heed of the prohibition.² If it is
[017] established, by the declaration or by an admission, that the matter in dispute is
[018] wholly temporal, so that cognisance belongs to the king, they may well deny against
[019] the plaintiff and his suit that they ever proceeded after the prohibition, if they had
[020] one,³ or that they had⁴ no prohibition at all. In that case each will wage his law
[021] twelve handed, and when it has been waged and pledges found for making the law, a
[022] day will be given them for making it, on which, if they so wish, they may essoin
[023] themselves and have another day by their essoiners. If on the day given them they
[024] neither come nor essoin themselves, they will be taken as convicted and restore
[025] damages to the plaintiff. If they appear, let them produce their compurgators,
[026] though they are members of their household and friends, according to the rule that
[027] suit may be made by

Notes

1. D. 26.2.30

2. ‘prohibitionis’

3. ‘habuerunt’

4. ‘habuerunt’