Bracton: Thorne Edition: English. Volume 4, Page 307

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Volume 4, Page 307

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[001] the inquest finds for him or against him, unless he can show a sufficient reason for his
[002] absence. If he was¹ warned by the summons but before the resummons, while the
[003] inquest is pending, deceitfully removes himself to parts beyond the sea, outside the
[004] realm, [and] is unwilling to sue or be present at the inquest, when the bishop or
[005] ordinary informs the justices of this, let the justices nevertheless cause him to be summoned
[006] to hear the record and his judgment as above, as though he were within the
[007] realm, and proceed until he loses by default, as in the eyre of Martin of Pateshull
[008] in the county of Norfolk, [the case] of Henry de Stoke.²

What the effect of legitimacy proved is.

[010] The effect of legitimacy proved is this, that when it has once been proved and judgment
[011] rendered in the king's court, he will always be legitimate as against everyone,
[012] unless there has been fraud in his proof, [If that is alleged, the question must not be
[013] sent to [the ecclesiastical] court again,³ because if it were sent to different bishops
[014] they could return different or contrary verdicts to the king's court.]⁴ [for] if, when
[015] one claimed many lands and large inheritances from several persons, he could
[016] fraudulently procure one of them to except bastardy against him, and so come to
[017] terms with him that he should say nought against the witnesses or the testimony;
[018] he could thus fraudulently prove his legitimacy and so obtain against all, which would
[019] be unjust. Suppose that when one has proved his legitimacy before judges, whoever
[020] they are, he dies before he comes to court with the inquest;⁵ by virtue of that inquest
[021] [the same] judgment must be rendered for the heir which would be rendered for his
[022] ancestor if he had lived, because the legitimacy of the ancestor once proved extends
[023] to heirs, [if he has heirs born of his body, such are to be taken as legitimate and to
[024] be preferred to others in the succession,]⁶ with respect to everything, successions,
[025] orders and dignities. And note that an exception of bastardy put forward against one
[026] who is dead is invalid, since he cannot answer to the exception.

Notes

1. Om: ‘non’

2. B.N.B., no. 1810

3. ‘iterum’

4. Om: ‘Sed . . . hoc modo,’ a connective

5. Supra iii, 376

6. ‘si talis . . . successione,’ from lines 23-24