Bracton: Thorne Edition: English. Volume 4, Page 355

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Volume 4, Page 355

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[001] in the county of Middlesex [the case] of Henry Boiqueinte,¹ where Henry lost the
[002] tenement because his father did not make a claim, though² he was then present, [and
[003] could] have done so, and if he had that would have aided Henry, where the reply
[004] was made to the demandant that a fine was made of the land claimed in the court of
[005] king Henry, grandfather of the lord king, in the thirtieth year of his reign, between
[006] William Reymes, grandfather of William,³ who claimed, and Waleran the father of
[007] the same⁴ John,⁵ by which fine the land remained to the same Waleran and his heirs,
[008] and as to that produced a chirograph etc. Afterwards another fine was made of the
[009] same land between Lucy, mother of the aforesaid John, and the same John, and as
[010] to that he produced a chirograph made in the fourth year of king John, and since
[011] neither Henry nor his ancestors put in their claim, John did not wish to answer him
[012] unless the court so wished. To which Henry answered that the first fine and chirograph
[013] could not hurt him because he was then under age. As to the second fine he says
[014] that it ought not to hurt him because he was in the service of the lord king overseas at
[015] Vendome. To this John replied that at the time of both chirographs Henry's father
[016] was alive and sane and present in court when the fines were made, and since he did
[017] not put in his claim he asked judgment whether he ought to answer him. To which
[018] Henry answers that in truth after his father, who [was] a crusader, had gone to the
[019] Holy Land and returned, he was not in possession of his wits and had lost his memory,
[020] so that he knew not how to manage his land and withdrew from it. To which John
[021] answers and says that he was sane and sound and, at the time of the interdict, betook
[022] himself to religion and [in] good memory lived for a long time afterwards in the habit
[023] of religion. And because Henry could not deny this, John withdrew quit.

And when?

[025] When? It is clear that it must be done at once, during the plea [or at the making of
[026] the chirograph] or before judgment if he is present in court, or if in the county or
[027] in the realm within the four seas, nor can he allege ignorance, unless there is some
[028] lawful intervening impediment, nor ought he to be heard thereafter, as is evident,
[029] because he has a term of at least one month, according to the general practice of the
[030] kingdom, within which he can conveniently come after the plea has begun

Notes

1. B.N.B., no. 716; C.R.R., xii, no. 492 (sidelined)

2. ‘quamvis’

3. William is the warrantor of John, the tenant

4. ‘ipsius,’ as B.N.B., and roll

5. Om: ‘participis sui,’ as roll