Bracton: Thorne Edition: English. Volume 4, Page 324

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Bracton Online -- English

Volume 4, Page 324

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If for the king's service.

[002] If it remained without day because of the lord king's service, then thus: ‘So that the
[003] plea then be in the same state in which it was when it remained without day because
[004] the aforesaid set out to parts beyond the sea (or elsewhere) in our service by our
[005] order, from which he has returned, as is said.’

If because of a pilgrimage to the Holy Land.

[007] If he has gone to the Holy Land, then thus: ‘So that the plea then be in the same state
[008] in which it was when it remained without day because the aforesaid set out to the
[009] Holy Land, from which he has returned, as is said’; or ‘[set out in] a general passage
[010] of crusaders to the Holy Land, from which he has now returned, as is said.’

If [the plea was sent] to court christian for some reason, as in a plea of dower.

[012] And so if a plea of dower remains without day in the king's court because of an enquiry
[013] transmitted to court christian, then thus. ‘Summon A. by good summoners to
[014] be present to answer B., the woman, as to why he does not render her the dower which
[015] falls to her from the free tenement which belonged to such a one, her husband etc.,
[016] so that the plea then be there in the same state in which it was when it remained without
[017] day because the aforesaid A. objected against the said B. that she ought not to
[018] have dower therefrom since she was never married (or in another way, ‘joined in lawful
[019] matrimony’) to such man, so that the pleas was transmitted to court christian.’¹
[020] And so as to other matters, where the enquiry is to be made in the secular forum,
[021] ‘since the aforesaid A. objected against the same B. that she ought not to have dower
[022] therefrom since her husband, through whom she claimed dower, was alive, as to
[023] which the aforesaid B. has produced sufficient suit before our said justices that he is
[024] dead.’²

If he is in the lord king's service beyond seas, with regard to an advowson.

[026] If there is a plea touching the advowson of a church [by writ of right] and it has remained
[027] without day because of the service of the lord king, let the resummons be
[028] made as above. If by an assise of darrein presentment, then thus: ‘To hear the record
[029] and his judgment with respect to the assise of darrein presentment which was summoned
[030] before our same justices etc. between A. the demandant and B. the deforciant,
[031] so that the assise then be there in the same state in which it was when it remained

Notes

1. Reading: ‘eo quod praedictus A . . . copulata (from lines 26-28) ita quod . . . christianitatis (from lines 25-26)’

2. ‘Et sic . . . seculari (from line 23) eo quod praedictus A . . . mortuus est (from lines 19-23)’