Bracton: Thorne Edition: English. Volume 4, Page 53

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Bracton Online -- English

Volume 4, Page 53

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[001] Let the serjeant at once hear proof of the default, that it is unwilling or unable to do
[002] him right,¹ by the oaths of the demandant himself and two others who were present,²
[003] [in the presence of the chief lord, if he wishes to be present in person, or in the presence
[004] of his attorney, a steward or other bailiff, as may be found [in the roll] of Easter and
[005] Trinity terms in the third year of king Henry in the county of Surrey, [the case] of
[006] Gilbert de Albingeworthe and Reginald de Breuse,³ though if, when summoned, he is
[007] unwilling to be present, let the proof proceed nevertheless.] and, the default being
[008] proved, the demandant and serjeant ought both to return to the county court. When
[009] the serjeant, who in this matter has record, has attested the proof of default, let the
[010] demandant then claim judgment, and there by judgment it will be ordered that the
[011] tenant be summoned to appear at another county court to reply to the demandant.
[012] If they both appear on that day, let the plea proceed. If neither, but both essoin themselves,
[013] another day will be given by their essoiners,⁴ and so if one of them [essoins
[014] himself]. If neither appears the plea will be void, though it may seem that one default
[015] balances the other since the tenant does not withdraw quit by judgment. If the demandant
[016] appears but the tenant does not, the summoners being present and attesting
[017] the summonses, let proceedings be taken against him to default (according to the
[018] various customs of different counties) either by taking the land into the hand of the
[019] lord king or in another way, as observed in the county of Lancaster, a custom which
[020] was commended and approved by Martin of Pateshull, which is this, that if the tenant
[021] does not come⁵ to the first summons, the summoners being present and attesting the
[022] summons, let him be summoned by judgment of the county court a second time, to be
[023] present at another county court; if he does not come to that, the summoners being
[024] present etc. as before, by judgment of the county let a small distress be taken from
[025] the same land by way of distraint and the tenant summoned a third time, to be present
[026] at a third county court; if he does not come to that, let a large distress be taken
[027] from the same land, that is, beasts and chattels to twice the amount, for afforcement
[028] of the distress, and let the tenant be summoned a fourth time, to be present at a fourth
[029] county court; if he does not come to that, by judgment of the county court let the
[030] land be taken into the hand of the lord king and the tenant summoned a fifth time, to
[031] be present at a fifth county court; if he does not come to that and the land is not
[032] claimed by replevin, the plaintiff will recover his seisin by default, nor may the tenant
[033] defend himself against the record of the county by

Notes

1. ‘quod ipse . . . possit,’ from 52, last line

2. ‘duorum, qui praesens fuerunt’

3. B.N.B., no. 40; no roll extant

4. ‘essoniatores’

5. ‘veniat’