Bracton: Thorne Edition: English. Volume 2, Page 312

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Bracton Online -- English

Volume 2, Page 312

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[001] the pleas before the justices of the bench shall cease. But what shall be said of
[002] him who has been essoined for bed-sickness before the justices of the bench? Let
[003] his case depend on whether he has or has not been seen; if he has been seen, then
[004] according as his illness has been adjudged grave or temporary. If he has not been
[005] seen, we must ask whether he can rise without license, or if he cannot, from whom
[006] license must be sought, from the itinerant justices or those of the bench, or if he
[007] has been seen and has a passing illness, before whom he ought to appear, or if he
[008] has been found seriously ill, before whom the view ought to be attested, or, if the
[009] person essoined is lying within the same county, if the justices itinerant can order
[010] him to appoint an attorney, since the essoin of bed-sickness does not lie before
[011] them. ¹If after the general summons to the eyre a free man neither comes nor
[012] essoins himself from the common summons on the first day (though he has no plea
[013] and was not impleaded) he will be in mercy for his default though he later appears,
[014] unless he shows that he was delayed for some adequate reason.² If he has essoined
[015] himself, his essoin will not avail him unless he subsequently appears, and the same
[016] will be true if he comes and withdraws without leave. ³But if they are appointed
[017] justices for the taking of assises and not for all other pleas, as assises of all kinds, and
[018] gaol deliveries, [or] for special pleas, [as] pleas of dower only, before four justices,
[019] then let a writ patent in this form be addressed to the four justices together.

[Writ] to all four justices together, where they are appointed for special and not for all pleas.

[021] ‘The king to his trusty and well-beloved A. B. C. [and] D., greeting. Know that
[022] we have appointed you our justices for holding assises of novel disseisin, mortdancestor
[023] and darrein presentment generally (or ‘for taking pleas of dower unde
[024] nihil habet’) no matter who have deforced lands contrary to the aforesaid assises
[025] (or ‘for taking assises of mortdancestor and grand assises and all juries summoned by
[026] our order before our justices at the first session [etc.] or before our justices at
[027] Westminster and adjourned’) except against those who have gone forth upon our
[028] service, such persons.’ And similarly ‘for the delivery of gaols, both of those who are
[029] found in our prisons and of those who are by our command committed into custody.
[030] And so we charge you, urging that you meet on such a day in such a place etc. (as
[031] above [in the portion on] the appointment of justices ad omnia placita).’ In connexion
[032] with this let a writ close at once issue to the sheriff in this form.

Notes

1. New paragraph

2. Infra iv, 61

3. New paragraph