Bracton: Thorne Edition: English. Volume 4, Page 328

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Bracton Online -- English

Volume 4, Page 328

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[001] we order you to cause him to be delivered quit from our prison in which he is detained.
[002] Witness etc.’ And note that he ought not to be delivered at anyone's mandate except
[003] that of the lord bishop, and not until he has sent word that the church is satisfied,
[004] unless he has been arrested on a suggestio falsi of the ordinary, or other prelates, or
[005] by the malice of an adversary in order to exclude him from an action which he is
[006] bringing against him. If so, let this writ issue for his deliverance.

Writ if one appealed of felony, wishing to be rid of the appeal, falsely gave the king or the bishop to understand that the appellor was excommunicated, so that he was arrested.

[008] ‘The king to the sheriff, greeting. It has been shown us on behalf of such a one that
[009] when he had appealed [B.] in your county court of robbery (or the like) and you were
[010] ordered by us to attach the appellee, the same appellee, in order to harass the appellor
[011] and nullify his appeal, falsely suggested to such a bishop that the same appellor
[012] has contumaciously continued as an excommunicate for forty days and more, so that
[013] he impetrated letters from the same bishop directed to us, asking that we, in this
[014] matter, stretch forth the secular arm, by whose deception the same appellor was
[015] arrested and detained in our prison, as it is said. And because his own fraud ought
[016] not to profit anyone,¹ we order you, if the aforesaid appellor has made you secure
[017] with respect to his claim etc., to put² the aforesaid appellee by gage etc. to appear
[018] before etc. to reply thereto. And meanwhile cause the aforesaid appellor to be delivered
[019] from our prison, unless he is imprisoned for some other reason for which he
[020] ought not to be delivered. Witness etc.’ If he has not been arrested and some judge
[021] has maliciously suggested to the bishop that he has been excommunicated, let a
[022] writ issue to the sheriff not to arrest him, as above [in the portion] on prohibitions.³

An exception arising from the person of the demandant lies for the tenant, that he cannot claim because he is an alien in the allegiance of the king of France.

[024] There is also another exception arising from the person of the demandant which lies
[025] for the tenant, because of a defect in his nationality, which is dilatory and does not
[026] destroy the action, as where some alien in the allegiance of the king of France brings
[027] an action against one in the allegiance of the king of England; let no answer be made
[028] him, at least until the two countries are joined,⁴ not even if⁵

Notes

1. Supra 326

2. ‘ponas’

3. Supra 270

4. Supra 292, infra 331

5. ‘si’