Bracton: Thorne Edition: English. Volume 4, Page 306

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Bracton Online -- English

Volume 4, Page 306

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[001] neither by the demandant nor the tenant: not by the demandant, since he chooses
[002] that jurisdiction and that judge; not by the tenant, because he could in this way
[003] protract the cause from judge to judge ad infinitum, until it reached the pope, who
[004] could thus indirectly take cognisance of a lay fee.¹ Also because the enquiry proceeds
[005] equally well whether the tenant is absent or present. But from a judge delegate or an
[006] official he may appeal,² if they are alleged to have erred or acted collusively, to the
[007] bishop or other ordinary, because the ordinary may correct the error of such persons
[008] and revoke their judgment, though not his own, except with difficulty. When the
[009] enquiry has been made, as said above, and when the party who sues comes to court
[010] with the inquest, let the plea which remained sine die be at once resummoned: let the
[011] tenant be summoned by this writ.

When the inquest has been made let the plea be at once resummoned by this writ.

[013] ‘The king to the sheriff, greeting. Summon B. the tenant by good summoners to be
[014] before our justices at such a place to hear the record and his judgment with respect
[015] to the plea which was in our same court before etc. between A. the demandant and
[016] the same B. the tenant, with respect to so much land with the appurtenances in such
[017] a vill, which the same A. in our same court claimed as his right against the same B.
[018] and as to which the same B. said that the aforesaid A. had no right in that land since
[019] he was a bastard, because his father never married his mother (or for some other such
[020] reason) and as to which an inquest of bastardy was transmitted to court christian.
[021] And have there the summoners and this writ. Witness etc.’³

On the day of the summons he who is summoned may be essoined, if he wishes.

[023] On the first day of the resummons both the demandant and tenant may essoin themselves
[024] if they wish, at the same time or in turn, until they have [a single] essoin. If
[025] on the first day, or after an essoin, the tenant defaults after the resummons, when he
[026] has been anticipated by the summons, as soon as the summons is attested, let land
[027] be taken at once into the hand of the lord king by the little cape because of the
[028] default, and let him be summoned to be present on another day to hear his judgment.
[029] On which day, whether he comes or not, he will lose his seisin by default, whether

Notes

1. Supra iii, 373

2. ‘appellare’

3. Supra iii, 374