Bracton: Thorne Edition: English. Volume 4, Page 90

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Volume 4, Page 90

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[001] Michaelmas term of the ninth and the beginning of the tenth years of king Henry
[002] in the county of Cambridge, [the case] of a certain record of the abbot of Eynsham.¹

When?

[004] When? It is clear that [the essoin must be cast] on the first day of the suit, for it does
[005] not suffice on the morrow, that is, on the second day, the third or the fourth, though
[006] the person summoned ought to be awaited until the fourth day, that within² it he
[007] may come or send a messenger to excuse his absence if³ the essoiner does not receive
[008] a day, as where the essoin does not lie, as will be explained below [of defaults].
[009] If the essoin lies for the person summoned, and he causes himself to be essoined⁴ on
[010] the second or third day, it will be allowed and a day given the essoinee by his essoiner,
[011] on which the default will be allowed the demandant, if he wishes to hold
[012] himself to the default. In that case, if the tenant cannot excuse himself on that day,
[013] he may lose seisin.

Where?

[015] Where? It is clear that the essoin must be cast in court and before his proper judge
[016] and not another, that is,⁵ before him who has jurisdiction, since a justice other than
[017] one's proper judge has neither jurisdiction nor coercion.⁶ If he causes himself to be
[018] essoined⁷ before another, in error, the essoin will be good, but only of grace, to the
[019] extent that the default will be saved until judgment is rendered as to the default; it
[020] can hardly be excused further.

How often?

[022] How often? At every appearance in court, depending upon whether the person
[023] summoned holds by himself or in common, after he has received a day in court,
[024] after the view sought, a warrantor vouched, and after a day given in hope of peace,
[025] or in some other way.⁸ Generally, always at the beginning of the suit, on every
[026] summons, where there is a controversy or a plea between the parties, [and where
[027] there is a judicial proceeding and one who judges,]⁹ whether at the outset the
[028] sheriff is ordered to have his body without the formality of attachments, or to cause
[029] him to come, or to distrain him by lands and chattels,¹⁰ otherwise it would be
[030] wrongful to the person called to court, [and] to deny him the benefit of the law.
[031] But if there is no plea or judicial proceeding, but someone who orders someone, as
[032] his bailiff, it will be another matter, as above.¹¹

Notes

1. B.N.B., no. 1672; C.R.R., xii, nos. 694, 1074: sidelined and ‘De falso iudicio’ written above entry

2. ‘ut’

3. ‘si’ for ‘licet sicut’

4. ‘essoniari’

5. ‘scilicet’

6. Supra ii, 304

7. ‘essoniari’

8. Supra 84, infra 141

9. Om: ‘inter partes’

10. Supra 82

11. Supra 82, 83