Bracton: Thorne Edition: English. Volume 4, Page 65

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Bracton Online -- English

Volume 4, Page 65

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[001] the demandant must be asked whether he wishes to hold himself to the default or
[002] to the principal plea. If to the principal plea, let the tenant answer at once. If he
[003] holds himself to the default and the person summoned denies the summons completely,
[004] the summoners must then be called to attest the summons. When, having
[005] been carefully examined, they have proved that the summons was lawfully made,
[006] let the person summoned then first wage his law and deny the summons by his law
[007] against the testimony of the summoners,¹ not that the summons did not come to
[008] him, but that [it came] neither to him nor to his domicile. If the summoners, on
[009] being carefully examined, are not in agreement in their proof of the summons, then,
[010] the summons being void, so to speak, the person summoned will not need to deny
[011] it by his law,² but let another lawful day be given him, unless he is willing to
[012] answer at once. When, after waging his law, the tenant has a day to make his law,
[013] he may essoin himself on that day with respect to the plea of his law, and then in
[014] the end let him come with his law and make it if he can.³ If he fails in making his
[015] law, the demandant will recover his seisin; if he defaults, the demandant will at
[016] once recover his seisin by default, [that is], if the tenant is present. If he is absent,
[017] let the land be taken into the hand of the lord king by the little cape and let him be
[018] summoned to be present on another day to hear his judgment, by the writ to be
[019] noted below.⁴ ⁵ If the tenant does not appear on the first day but defaults before he
[020] has appeared in court, then either the sheriff sent the writ or he did not. If not,
[021] then, though the demandant offers himself for the suit, the justice cannot proceed
[022] to⁶ default without a warrant and⁷ without writ,⁸ nor may he give another day
[023] within which he can order the sheriff to cause the writ to come, for in that way, by
[024] giving a day without writ or warrant, he would usurp jurisdiction to himself; nor if
[025] the writ came on the other day would it be of use, because the day of summons has
[026] passed.⁹ There will, therefore, be need of another writ. If the sheriff has sent the
[027] writ, the demandant offering himself for the suit, let the land, because of the tenant's
[028] default, be taken into the hand of the lord king by the great cape, the form of
[029] which [will be given] below,¹⁰ and let the tenant be summoned to be present on
[030] another day to answer to the main plea and the default, that is, why he was not
[031] present on the first day as summoned. If he comes on that day, let him immediately
[032] answer to the principal plea, if the demandant¹¹ does not wish to hold himself to the
[033] default. If he holds himself to the default, the tenant must

Notes

1. Infra 152

2. Infra 67

3. Infra 152

4. Infra 165

5. New paragraph

6. ‘ad’

7. ‘et,’ as below

8. Infra 102, 161

9. Infra 69

10. Infra 149

11. ‘petens’