Bracton: Thorne Edition: English. Volume 3, Page 253

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Bracton Online -- English

Volume 3, Page 253

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[001] before our justices etc. at such a place on such a day to hear the recognition of the
[002] assise of mortdancestor which was summoned in our court before our justices
[003] aforesaid with respect to so much land (or ‘rent’) with the appurtenances in such a vill
[004] and to show why he did not appear before our same justices at such a place on such a
[005] day as he was summoned at another time. And have there the summoners and this
[006] writ. Witness etc.’ We must see what day he ought to have in the resummons.¹
[007] That may be determined² according as the assise ought to be taken within the
[008] county or outside it. If outside, the delay will be one of fifteen days; if within, it will
[009] not be that long, that is, the delays will be arbitrary, depending on the discretion of
[010] the justices.³ After a resummons an ession will not lie, nor will a resummons after an
[011] essoin, for by the essoin the tenant is taken to admit the summons.⁴ [Where a resummons
[012] lies and where it does not, and in whose person, is explained more fully
[013] above [in the portion] on the assise of darrein presentment, at the beginning.]⁵
[014] After resummons, whether the tenant appears or not, let the assise be taken by
[015] default, because it operates in his absence as well as in his presence, for were he
[016] present he could say nothing as to why the assise should remain, because of the
[017] odium connected with his default,⁶ unless when he comes he produces charters of
[018] the lord king by which the king ought to warrant him and without whom he says
[019] he cannot answer. And so if he produces the charters of others and vouches them to
[020] warranty. And so in other cases, as where the ancestor, he on whose death the
[021] demandant brings the assise, held the land only for his life by a chirograph and fine
[022] made in the court of the lord king,⁷ or if felony is objected, or other similar peremptory
[023] exception; if no such [exception] is raised, let the assise be taken at once in
[024] punishment for the two defaults, as ought to be done in the assise of darrein presentment
[025] and other similar actions, saving to the lord king his amercement for the
[026] contempt of the summons.⁸

How the plaintiff ought to support his case when the parties have appeared in court.

[028] The demandant and tenant having both appeared⁹ and the writ having been read and
[029] heard, the demandant must put forward his intentio according to the form of the
[030] writ and support it as follows, that his father or mother or other ancestor was seised
[031] in his (or her) demesne as of fee of so much land (or rent) with the appurtenances, in
[032] such a vill on the day he (or she) died and

Notes

1. Om: ‘utrum . . . minus spatium’

2. ‘determinari’

3. Infra iv, 74

4. ‘summonitionem’; supra 208, infra 258

5. Supra 208

6. Supra 64, 207, 208

7. Infra 303

8. ‘summonitionis’

9. ‘comparente’