Summons

“ Never you mind about mottoes. Put your question to his worship.
Dusty Lady. Well, me lord, what I wanted to ask was this. I warn a summons against a person—I can't call her a woman—she's nothing more or less than a person—and she's been taking my character away like anything and (banging witness-box with dilapidated hand-bag) I'm going to put a stop to it if I 'ave to go to the 'Ouse of Lords to do it. ”

“ It is an essential principle of justice that a court should not adjudicate upon any question without giving the parties to be affected or bound by the adjudication the opportunity of being heard and of bringing their witnesses before the court. The most usual term in English law for the process by which attendance is commanded or required is the “summons.”
Civil Proceedings. — In the High Court of Justice, civil actions are begun by obtaining from the officers of the court a document known as a “writ of summons.” ”

“ By another bull, Faciens misericordiam, dated August 8, a formal summons was issued to all and singular of the Templars to appear before the council, personally or by procurators, on a certain day, to answer to the charges against the Order, and the Cardinal of Palestrina, who was in charge of them, was ordered to produce de Molay and the Preceptors of France, Normandy, Poitou, Aquitaine, and Provence to receive sentence. ”

“ The first sentence of the last section, declaring that the service of the summons shall be deemed the commencement of the action, is embodied in the statute of limitations, and is as clearly a part of it as the second sentence of the section, declaring that an attempt to commence an action by delivery of the summons to an officer with intent that it shall be actually served shall be deemed equivalent to a commencement thereof. ”

“ Any how, the night's terrible—but, boys, you're to know, that neither fire nor wather is to prevint you, when duly summoned to attind a meeting—particularly whin the summons is widout a name, as you have been told that there is always something of consequence to be done thin. ”

“ Moore Federal Practice, Vol. 1, p. 360-361.
It is true that the service of summons is the procedure by which a court having venue and jurisdiction of the subject matter of the suit asserts jurisdiction over the person of the party served. ”

“ For the purpose of any criminal proceedings before a court of assize or quarter sessions a witness summons, that is to say, a summons requiring the person to whom it is directed to attend before the court and give evidence or produce any document or thing specified in the summons, may be issued out of that court or out of the High Court. ”

“ Justices of the peace have power to issue summonses to persons accused of indictable offences, or of offences summarily punishable, for their attendance, for preliminary inquiry or summary trial according to the nature of the charge, and also to persons against whom a complaint of a civil nature within the justices' jurisdiction is made. On failure to attend on summons, attendance may be enforced by warrant ”

“ Still, an official summons to his office struck terror even into the most hardened.
A young fellow, whose general record was none too good, was summoned to answer for absence. He stated his excuse, and then, '/ ”

“ But since it is reasonable to believe, my lords, that many of those, who might assist us in this difficult inquiry, are now in the country, it is necessary, that our summons may have the effect which is desired, to defer the reading for some time. For to what purpose will it be to require their presence at a time at which we know it is impossible for them to comply with our orders? To direct what cannot be done is surely in its own nature absurd and contemptible, and on this occasion will expose not only our understanding but our honesty to doubts ”

“ Vápna-thing, i.e. a Thing to examine if every man possessed the weapons prescribed by law. All members of the Thing according to law had an equal vote.
The summons was by sending out a Thingbod (Thing-summons) , or, in case of murder, an ör (arrow) throughout the whole Thing-district; the summons or arrow was sent from farm to farm, and called upon all Thingmen to meet at the usual Thing-place, generally the fifth day after the issue of the summons.
“Every man who thinks a Thing necessary may have one. Every man shall carry the summons and not drop it. ”

“ And be it further enacted, That the magistrate issuing the aforesaid warrant of summons, shall, at the time of issuing it, cause to be made out, under his hand, and delivered to the said applicant, or his agent authorized as aforesaid, a notification directed to the opposite party, and stating the time and object of the aforesaid application, the name of the applicant, and the time and place fixed for the examination of the witnesses ”

“ Where a summons is issued against a person who cannot, by the exercise of due diligence, be found, the summons may be served by leaving a copy thereof for him with some adult member of his family or with his employee residing with him. ”

“ I intend to summons him; say, summon. Summons is a noun, and not a verb.
35. Dearly beloved brethren. Pronounce beloved in three syllables, and never in two, as some clergymen do.
36. He is now forsook by every one; say, forsaken. ”

“ The court is set, summonses are sent to the islands that lay most remote, but not out of God's jurisdiction, for he is the Creator and possessor of the ends of the earth, to make their appearance and give their attendance. ”

“ It shall 517go between the winter-houses and not between the sœters. The Thing-summons shall delay nowhere in weather fit for travelling except in night-quarters, and not unless there is necessity. If a man drops the summons he is liable to pay three aurar.... ”

“ No Summons pleading Judgement, or any kinde of proceeding in Court or course of Justice shall be abated, arested or reversed upon any kinde of cercumstantiall errors or mistakes, If the person and cause be rightly understood and intended by the Court. ”

“ I believe they are a couple of rogues.”
“I should be very sorry to suggest such a thing as that,” I answered, “without some proof. Everybody should give credit for the best of motives.”
“But what are all these summonses you speak of?”
“O, they are summonses in the action. ”

“ Bracton 336. b. et seq. Fleta L. 6. c. 7. Mirror, 117. et seq. 2 Inst. 125. Spelm. Cowell. Les termes de la ley, &c. &c.)
[47] In affirmance of this period of time, see Articuli super chartas, c. 15. and Lord Coke’s comment. (2 Inst. 567.) The Norman code required the same period to render a summons lawful, Grand Custum. de Norm. c. 49. See also Bracton 334. a. and Fleta L. 6. c. 6. s. 11. 12.
[48] It seems from the Regiam Majestatem, that if the summons were made by one summoner, in the presence of lawful and sufficient witnesses, it was good. ”

“ If one consents to swear that he is not a heretic, I say to him, ‘If you wish to swear so as to escape the stake, one oath will not suffice for me, nor ten, nor a hundred, nor a thousand, because you dispense each other for a certain number of oaths taken under necessity, but I will require a countless number. Moreover, if I have, as I presume, adverse witnesses against you, your oaths will not save you from being burned. You will only stain your conscience without escaping death. ”

“ We take witness that we take an oath on the book, a lawful oath; we pray God so to help us two in this light and in the next, as we lay it on our honour that we believe with all our hearts that Mord will so plead this suit as he knows to be most truthful, and most just, and most lawful, and that he hath not brought money into this court in this suit to help himself, and that he will not offer it, and that he hath not taken money, nor will he take it, either for a lawful or unlawful end. ”

“ King. But why can you not swear? for an oath is a common thing amongst men to any engagement.
R. H. Yes, it is manifest, and we have seen it by experience; and it is so common amongst men to swear, and engage either for, or against things, that there is no regard taken to them, nor fear of an oath; that therefore which we speak of in the truth of our hearts, is more than what they swear.
King. But can you not promise before the Lord, which is the substance of the oath?
R. H. Yes, what we do affirm, we can promise before the Lord, and take him to our witness in it ”

“ Your lordship was pleased to give him a further day to consider, and to put in his Answer; which day being Yesterday, I did humbly move, that he might be required to give a direct and positive Answer, either by denying or confession of it; But, my lord, he was then pleased for to demur to the Jurisdiction of the Court; which the court did then over-rule, and commanded him to give a direct and positive Answer. My lord, besides this great delay of justice, I shall now humbly move your lordship for speedy Judgment against him. ”

“ But if you use such words as are the ordinary form of an oath in a language which you understand, so as the hearers may justly suppose you to understand it, it is an oath, coram hominibus, before men, and in the latter narrower sense of the word. And it shall be obligatory and pleadable against you in any court of justice by those you swear to; yea, and God himself doth take you thereby to be obliged thus to men: and if it be a profane, causeless swearing, men must call it an oath; for they see not the heart ”

“ Even as in the battle trial both parties, on entering the lists, were compelled to swear to the truth of their assertions, so in the other ordeals the accuser and accused took an oath immediately prior to the administration of the test.1172 Sometimes, however, the oath of the accused was regarded as a sufficient ordeal in itself. We have seen above how, among many and diverse races, disculpatory oaths are administered with ceremonies which render them practically ordeals in view of the popular belief that misfortune will follow perjury. ”

“ Leaving the body under the earth, accompany the soul passing to a new and unknown region, where she expecteth the sentence of the eternal judge. Imagine with thyself that thou art present at this tribunal, and the whole court of heaven, waiting with deep silence, and great attention, the event and sentence of this judgment, here must be given a strict account of all receivings and disbursements. ”

“ The term “pleadings” is used for the collected whole of the statements of both parties; the term “pleading” for each separate part of the pleadings. The term “plea” (placitum, plaid) [1] is now applied in England oftenest to the defence made by an accused person. To “plead” is to make a pleading or plea. [2]
All systems of law agree in making it necessary to bring the grounds of a claim or defence before the court in a more or less definite and technical form.
Roman System.-In Roman law the action passed through three stages (see Action) , and the manner of pleading changed with the action. ”

“ Oaths.—A witness must give his evidence under the sanction of an oath, or of what is equivalent to an oath, that is to say, of a solemn promise to speak the truth. The ordinary form of oath is adapted to Christians, but a person belonging to a non-Christian religion may be sworn in any form prescribed or recognized by the custom of his religion. ”

“ And thou shalt swear, The Lord liveth, in truth, in judgment, and in righteousness; and the nations shall bless themselves in him, and in him shall they glory.
Heb. VI, 16. For men verily swear by the greater: and an oath for confirmation is to them an end of all strife.
17. Wherein God, willing more abundantly to shew unto the heirs of promise the immutability of his counsel, confirmed it by an oath.
2 Chron. VI, 22. If a man sin against his neighbor, and an oath be laid upon him to make him swear, and the oath come before thine altar in this house ”

“ To such purposes, therefore, oaths have ever been applied, as the most effectual instruments of working them; not only among the followers of true and perfect religion, but even among all those who had any glimmering notions concerning a Divine Power and Providence; who have deemed an oath the fastest tie of conscience, and held the violation of it for the most detestable impiety and iniquity. ”

“ Your petitioner is informed by his learned council, that there is no law now in being, which can justify the said lord, under colour of his peerage, to assault any of his majesty's subjects on the king's highway, and put them in fear of their lives, without provocation, which he humbly conceives, that by only happening to ride before the said lord, he could not possibly give. ”

“ Those that think an oath in lawful things, obligeth not contrary to the magistrate's antecedent or subsequent command, are moved by this reason, That else subjects and children might by their vows exempt themselves from obedience, and null God's command of obeying our superiors. ”

“ To judge who, for heresy or scandal, shall be punished by the sword, belongeth to none but the magistrate in his own dominions: as to judge who shall have communion or be excommunicated from the church, belongeth, as aforesaid, to the pastors. And the said magistrate hath first as a man his own judgment of discerning what is heresy, and who of his subjects are guilty of it, in order to his public governing judgment. ”

“ The oath is an appeal to God; it may be made on occasions of covenanting, whether he be properly the party or not, and is an invocation of him, that he may witness and judge concerning a transaction entered into either with himself, or with himself and also with others. ”

“ The judicial oath is administered not as with us, but by requiring the accused person, or the witness, to assert that he is speaking the truth, while placing the extended hand on a carved representation of the crucified Redeemer. ”