Bracton: Thorne Edition: English. Volume 4, Page 149

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Volume 4, Page 149

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[001] on such a day to answer thereto and show why he did not appear before the justices
[002] on such a day etc. by this writ.’ The form of writ, which is called the great
[003] cape, is this:

If one lawfully summoned defaults before he has appeared in court: the writ called the great cape.

[005] ‘The king to the sheriff, greeting. Seize into our hand by the view of lawful men of
[006] your county so much land with the appurtenances in such a vill (or ‘pasture for so
[007] many sheep’ or ‘such an advowson’) which A. of N. claims as his right in our court
[008] before our justices at Westminster against [B.] for the default of the same B.’ Or if
[009] dower is claimed, let it be put thus, that is,¹ ‘which A. who was the wife of B.
[010] claims in dower in our court etc. against C. for the default of the same C.,’ or ‘the
[011] third part of so much land with the appurtenances etc.’ And so for everything
[012] claimed by an action in rem, according to the form of the original writ. And then
[013] thus ‘And cause the day of the seizure to be made known to our justices at Westminster
[014] by your sealed letters. And summon the aforesaid B. by good summoners
[015] to be before our same justices at Westminster to reply thereto and show why he did
[016] not appear before our same justices at Westminster on such a day as he was summoned
[017] (or ‘why he did not observe the day given him by his essoiner at such a
[018] term,’ if he was essoined and had a day by his essoiner). And have there the summoners
[019] and this writ and the names of those by whose view you made the taking.
[020] Witness etc.’ Note that this seizure into the hand of the lord king by the great cape
[021] lies where one defaults before he has appeared in court or done what amounts to it.
[022] And because it cannot be known what follows from such seizure into the lord king's
[023] hand unless [something] is known of the force of the writ and the words it contains,
[024] we must first see what follows from the word or phrase ‘seize into our hand etc.’
[025] [What follows therefrom may clearly be drawn from what has been said a little
[026] above.] [It says] ‘by the view of lawful men,’ that it may be known, and attested
[027] if necessary, if it has been seized into the lord king's hand by their view, and if so,
[028] on what day, for as to that they have record which cannot be controverted, [as to
[029] that, depending on whether the default was made before appearance or after, and
[030] whether the summons has been attested or not.]² The writ also contains the words
[031] ‘for the default of such a one,’ though it is not proved, [without any³ proof, because
[032] absence alone suffices,⁴ no matter for what reason,] and though

Notes

1. ‘scilicet’

2. Supra 67, 123-4, 145

3. ‘aliqua’

4. Supra 147, infra 157