Bracton: Thorne Edition: English. Volume 4, Page 377

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Volume 4, Page 377

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That the formal order of attachments is not observed everywhere or in every case.

[002] As was briefly said a little above, the formal order of attachments need not always
[003] be observed in personal actions, sometimes because of the privilege and favour of
[004] crusaders, whose affairs call for thorough and immediate consideration. Similarly
[005] because of the privilege and favour of merchants.¹ [Or] because of necessity,² as in
[006] the assise of darrein presentment, or quare impedit or quare non permittit, because of
[007] the lapse of six months, and the like.³ [Or] because of the thing itself, which would
[008] perish after a time, as ripe fruits and the like. Also in the actio injuriarum, because of
[009] the enormity of the wrong which is grievous and against the peace of the lord king.⁴
[010] [Or] because of the person against whom the wrong was done, as where it is the lord
[011] king or the queen or their children, their brothers or sisters, or their near kinsmen,⁵
[012] in which cases, and others like them, let the sheriff be ordered at once to have the
[013] bodies of such persons to answer to such, as may be drawn from what was said before
[014] [by way of] example. The same thing ought to be done if some action is incidental to
[015] the principal action, where, though the order of attachments is observed in the principal
[016] action, it must not be in the incidental, as where a bishop or other ordinary is to
[017] be summoned as to why he did not have a clerk etc.⁶ In all these cases, when the sheriff
[018] is ordered to have the bodies of such persons on the first day, if on such⁷ day they are
[019] absent outside the county and are not in the county, city or vill, no mention can be
[020] made at the end of the writ, as in the usual course of attachments, of this clause,
[021] namely. ‘And to hear his judgment for his several defaults,’ since there has been no
[022] earlier default, but in place of that clause let the reason why the delay and formality
[023] of attachments is abrogated be added in each writ. Let the writ be drawn thus:

If the defendant ought to come at once because of the plaintiff's privilege.

[025] ‘The king to the sheriff, greeting. We order you, every hindrance and delay being
[026] put aside because of the privilege and favour shown to crusaders (or ‘merchants’)
[027] whose plea calls for immediate action, to have the body of such a one before our
[028] justices on such a day to answer to such a crusader (or ‘merchant’) with respect to
[029] the plea why etc. (or ‘that he restore to him etc.’ according to the form of the original
[030] writ).’ And at the end let there be added some

Notes

1. Supra 63, 364

2. ‘necessitatem’

3. Supra 63, 364

4. Supra 364

5. Supra ii, 337

6. Supra 374

7. ‘talem’