Bracton: Thorne Edition: English. Volume 4, Page 64

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Volume 4, Page 64

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[001] described above. If it is less than fifteen days and there is no reasonable cause, then,
[002] when the person summoned appears, the summons is either challenged as unlawful or
[003] is not. If it is not challenged, let the suit proceed as though the summons were lawful;
[004] if it is challenged and proved unlawful, let another lawful day be given in court, which
[005] cannot be denied against the record of the justices.¹ If after an unlawful summons the
[006] tenant essoins himself or defaults, or proceeds without challenging it, or accepts a
[007] love-day, he may not subsequently plead the illegality of the summons.² One may
[008] also answer without a summons if he wishes, nor does he suffer an injuria since he so
[009] wishes. No day outside the county ought to be given without an interval of fifteen
[010] days, nor by such an interval without an essoin, except with the consent of the parties:
[011] in that case let it be done³ [as will be explained at the end, of essoins.]⁴ ⁵<There are
[012] some cases in which the tenant cannot deny the summons, as where he has appointed
[013] an attorney before one who has record,⁶ no matter where, because of the words used
[014] in appointing an attorney, [for] when he says ‘I appoint my attorney in the plea which
[015] is before such a one (or ‘before you’),’ by that he acknowledges that there has been a
[016] summons, for a plea cannot be before anyone unless summons has been made, for if he
[017] had said ‘in the plea which will be etc.’ he would never be permitted to appoint an
[018] attorney. And though a demandant may appoint an attorney immediately after the
[019] impetration of the writ, a tenant may never do so de jure before the plea is before his
[020] proper judge by summons. Nor will the justice have power as to anything before the
[021] plea is before him by summons. Hence if he says ‘I have appointed an attorney,’ it is
[022] the same as confessing the summons, so to speak, [since] if it is done before the summons
[023] it will be without effect.>

Of the manner of proceeding after the summons.

[025] On the day of summons, whether the summons is lawful or not, the person summoned
[026] either appears or essoins himself or defaults. If he appears, he either denies the summons,
[027] or acknowledges that it is lawful, in which case let him answer at once, if the
[028] sheriff has sent the writ. If he has not, the tenant will withdraw quit and let the demandant
[029] claim by another writ.⁷ If the writ has come, then, after the demandant's
[030] intentio has been put forward, let the tenant answer it, or except against the writ or
[031] seek the view. If the summons is challenged as unreasonable,⁸ let him be given a
[032] reasonable day on which let him come prepared to answer. If he denies [the summons]
[033] completely, then, whether he was summoned or not,

Notes

1. Supra iii, 258, infra 124

2. Supra iii, 258, infra 69

3. Deleted

4. Infra 82

5. Supra i, 411

6. Infra 146

7. Infra 65

8. ‘rationabilem’