Bracton: Thorne Edition: English. Volume 4, Page 356

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Volume 4, Page 356

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[001] wherever he is in the kingdom within the four seas, because any one impleaded ought
[002] to have a summons of at least fifteen days, which may be called a rightful summons,
[003] nor is anyone granted a chirograph on the first day of the suit, but he will have another
[004] day, fifteen days later at least, for taking his chirograph, so that within the whole of
[005] that period he who has a right may put in his claim. Where? It is clear that it must
[006] be in the king's court at the time of the suit or before judgment.

Who is prejudiced when no claim was put in.

[008] Who is prejudiced? It is clear that it is he as to whose right the action is brought and
[009] his heirs descending from him ad infinitum.

Excuses for not putting in a claim.

[011] He who has not put forward his claim may be excused in many ways, as where, at
[012] the time the fine and chirograph are made, the demandant, or his ancestor who ought
[013] to have put in the claim, was under age, [And the same ought to be [observed] with
[014] respect to the right of a church by analogy.]¹ [or] was then a madman or non compos
[015] mentis and of unsound mind, because in many ways a minor and a madman are considered
[016] equals or not very different,² because they lack reason, which could be said
[017] of others, as idiots and those born deaf and dumb and the like. But we must see
[018] whether they are excused forever or only for a time, that is, until³ the minor has
[019] reached full age or the madman has become sane, and are then bound to do what they
[020] could not do while they were under age or insane, so that if they are silent they are
[021] prejudiced thereby, for some say that unless the minor puts forward⁴ his claim within
[022] a year after he has reached full age, his minority will not excuse him. But in truth he
[023] is excused forever, because a claim ought to be made or not made at the time of the
[024] suit, during the proceeding and before judgment rendered; while the case is pending,⁵
[025] because after judgment or delivery of the chirograph it is of no avail though it is
[026] put in.⁶ ⁷<The same ought to be observed, as is evident, with respect to the right and
[027] fee of a church, if the rector has not put in a claim, that the church is not prejudiced,
[028] since it has the status of a minor, no more than a minor is prejudiced if his guardian
[029] does not put in a claim.>

He is excused if he was then in prison.

[031] One is also excused for not making his claim if at the time of the suit he is held in
[032] prison so that he can neither come nor send, which

Notes

1. Infra n. 7

2. Supra ii, 286, iv, 292; Inst. 3.19.10

3. ‘quousque’

4. Om: ‘non’

5. ‘pendente litigio’

6. Infra 357

7. Supra i, 422; belongs supra n. 1