Bracton: Thorne Edition: English. Volume 4, Page 363

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Bracton Online -- English

Volume 4, Page 363

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[001] the same B., after the death of the aforesaid C. his wife, contrary to the law and custom
[002] of our realm, keeps himself in the same land by force so that the aforesaid A.
[003] cannot have his entry into the aforesaid land as into his right and inheritance. Therefore
[004] we order you, if the aforesaid A. has made you secure etc., to summon the aforesaid
[005] B. by good summoners to be before the justices etc. to show why he deforces the
[006] same A. of the aforesaid land. And have there the summoners etc.’

How we must proceed against those who are contumacious in a personal action.

[008] Let us return again to the day of summons. We have explained above how one may
[009] be excused his non-appearance in court when he has been lawfully summoned to
[010] appear in a real action. Now we must speak of those who are contumacious and fail to
[011] appear in court¹ in a personal civil action² and how they are to be proceeded against,
[012] according as it arises ex contractu or ex delicto. First of all, what the procedure is
[013] against those who are contumacious in a personal action, according as it is criminal
[014] or civil: [Civil by reason of a delict or an injuria, or on a promise or agreement not
[015] kept, or a fine made, or an action of prohibition, or quare impedit or the like, where
[016] the suit is not principally in rem for the recovery of some certain thing, movable
[017] or immovable.]

In an actio injuriarum.

[019] civil by reason of a delict or injuria,³ [as in an actio injuriarum], which arises from
[020] some preceding act and word, where suit is not for the recovery of some certain thing,
[021] but of an interest which is uncertain until the damages and injuria has been assessed
[022] at the discretion of the justices, according as the damage is great or small and the
[023] injuria severe or slight.⁴ [Or civil] if the action is criminal and sued civilly, which may
[024] be done, but not the converse, for in a criminal cause the action may be sued civilly,
[025] but in a civil cause it cannot be sued criminally.⁵

In a criminal action.

[027] If the personal action is criminal and of great seriousness, as⁶ in the case of the crime
[028] of lese-majesty, there will there be no formal series of attachments but let his body
[029] be taken at once, nor is he to be released by pledges, but let his pledges be the prison
[030] and the gaol until he makes his defence. If it is a greater crime which touches private
[031] persons and

Notes

1. Tancred, 135

2. Supra ii, 422, iv, 118

3. Supra ii, 283, iv, 192, 313

4. Supra ii, 290, 438, infra 377

5. Supra ii, 290, 411, iv, 313

6. ‘sicut,’ as below