Bracton: Thorne Edition: English. Volume 3, Page 209

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Volume 3, Page 209

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[001] but the assise taken at once by default after the first essoin, may be found [in the roll]
[002] of Michaelmas term in the second year of the reign of king Henry who now reigns.¹
[003] [That in the eyre, in all assises except² the assise of darrein presentment, excepted for
[004] good reason and of necessity, an essoin lies, and after the essoin a resummons, and
[005] after the resummons another essoin of absence on the king's service, provided the
[006] essoined person has his warrant by writ of the lord king, is proved in the last eyre of
[007] Martin of Pateshull in the county of Suffolk, an assise of mortdancestor beginning
[008] ‘If Ralph of Wadleysham.’³ [But this could well be for this reason, because the tenant
[009] was resident outside the county and in the service of the lord king.] But the contrary
[010] may be found in the county of Kent [in the roll] of the eyre of Martin of Pateshull in
[011] the eleventh and the beginning of the twelfth years of king Henry, in Michaelmas
[012] term, that no resummons lies in the eyre.]⁴ If a person has once been summoned, and
[013] after summons and essoin,⁵ or summons and resummons, he appears and vouches a
[014] warrantor,⁶ and has a day and on the day appointed does not appear,⁷ there will be
[015] no resummons but let the assise be taken at once by default. More will be said below
[016] of vouching warrantors [in [the portion on] the assise of mortdancestor.]⁸ And let
[017] what is here said of resummonses [and] below, suffice for all assises. And that in the
[018] assise of darrein presentment after summons and resummons the essoin of difficulty
[019] in coming lies [is proved in a case]⁹of Trinity term in the second year of king Henry
[020] son of king John, an assise of darrein presentment between William Briwere and the
[021] prior of St. Nicholas of Exeter concerning the church of Cheyle in the county of
[022] Somerset,¹⁰ [where] ¹¹the person resummoned [essoined himself and] had a day by
[023] his essoiner, at which time,¹² because his essoin was allowed him,¹³another intervened
[024] and said that the presentation did not belong to the person summoned but to himself.¹⁴
[025] But if after summonses and resummonses and essoins the deforciant does not
[026] appear, or though he appears refuses to answer or contumaciously withdraws, let the
[027] assise be taken against him by default, because his absence is taken as presence,
[028] because if another day were given him he would be precluded, because of the odium
[029] connected with his default, from alleging anything against the assise, why it should
[030] remain.¹⁵ When he is present and agrees to the assise without more, or, if he says
[031] something against it, says nothing¹⁶ as to why it should remain, let the assise proceed,
[032] if the jurors are present. If they are not, another day will be given the parties on which
[033] they may essoin themselves if they wish, as before; they will have another day on
[034] which the assise will proceed, either by default

Notes

1. Not in B.N.B.

2. ‘in omnibus assisis praeter’

3. Not in B.N.B.

4. B.N.B., no. 1778; roll extant

5. ‘post summonitionem et essonium’

6. Infra 265

7. Supra 208, infra 209-10, 252

8. Infra 259-67

9-10. ‘et de termino . . . Somersetiae,’ from lines 23-26

11-12. ‘Quoted from B.N.B., no. 5; ‘essoniatorem,’ as roll

13-14. The quotation continued

15. Infra 253

16. ‘nihil’ for ‘nisi’