Bracton: Thorne Edition: English. Volume 4, Page 69

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Volume 4, Page 69

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[001] loses his writ and another will be necessary, because the day of summons in the first
[002] writ has passed.¹ If the sheriff says he ordered lawful summoners to make the summons,
[003] whether he did so outside the county or within it, and they confess this but
[004] did not make the summons, the summoners will be in mercy and the writ will be of
[005] no use to the demandant because the day of summons has passed. If they deny that
[006] they were so enjoined, then the order either was given them publicly in the county
[007] court or outside it without any formality; in the [latter] case they may deny it
[008] against the sheriff and the sheriff [will be] in mercy, but if the order was given them
[009] in the county court they cannot deny it² against the record of the county, for the
[010] county has record in this matter as in other public acts which ought to be done
[011] formally. Public acts are to order summonses and to take pledges for prosecuting
[012] and for standing to right,³ both in civil and criminal cases. If the summoners do not
[013] come on the first day to testify to the summons, [that is], where they cannot deny
[014] that they were given the order, they will be in mercy. We must now see who ought
[015] to be summoned. It is clear that both minors and adults and both men and women,
[016] provided that a minor may not be summoned in his own name if it is established
[017] that he is a minor, but through tutors or guardians and by curators⁴ in pleas where⁵
[018] minors are bound to answer despite their nonage. Also men of religion [by] procurators,
[019] syndics and agents,⁶ perpetual and not removable, those who can gain and
[020] lose and bring a thing to judgment. And finally note that if one acknowledges a
[021] summons, but challenges its legality, he may do so on the first day of summons.
[022] But if he essoins himself on that day or defaults he cannot further challenge the
[023] writ of summons.⁷ And note that a summons may be lawful and sufficient ab initio,
[024] and, though attested and proved, denied by wager of law, that is,⁸ before one has
[025] appeared in court. Another may be unlawful⁹ and cannot be denied or challenged
[026] by wager of law, that is, after one has appeared in court. Another may be faulty or
[027] insufficient, where it is made by only one man, who cannot have

Notes

1. Supra 65

2. Glanvill, i, 30

3. Ibid.

4. ‘per curatores’

5. ‘in loquelis ubi’

6. Drogheda, 176, 177

7. Supra 64, 66 infra 183

8. ‘scilicet,’ as below

9. ‘illegitima’; om: ‘cum quis . . . comparuerit’