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[001] or a warrantor. [I do not say that one has ‘languor’ before it has been awarded and
[002] a day given at the Tower, after the view attested before the justices, [and] provided
[003] that he has not arisen before the year and day, [for] if he does arise for some reason
[004] he will not be said to have had ‘languor.’] In a county where the justices are
[005] itinerant the essoin of bed-sickness does not lie in the person of him who causes
[006] himself to be essoined within the county, with respect to a tenement in the county,
[007] because he may appoint an attorney.1 It is otherwise if he essoins himself outside
[008] the county;2 whether the pleas are foreign or domestic, provided he has essoined
[009] himself outside the county. Nor does the essoin of bed-sickness lie in any personal
[010] action, criminal or civil. Sometimes it does not lie at the beginning of the suit, only
[011] after a time, when the thing in dispute has been specified, as in the plea and writ of
[012] boundaries.3 And so in a writ of services and customs. Similarly, in the writ quo
[013] jure, by what right one claims common of pasture, the essoin of bed-sickness will
[014] not lie until the thing claimed has been designated and the tenant defends himself
[015] by the duel or puts himself on the grand assise.4 Nor does the essoin of bed-sickness
[016] lie at the outset in a writ of entry, only when by the count it is turned into a writ
[017] of right, and when the tenant puts himself on the grand assise or defends himself
[018] by the duel. An essoin of bed-sickness may lie at the outset and be available to
[019] the tenant and afterwards cease to lie, as where at the outset he begins to claim by
[020] writ of right and after the count of the descent descends to entry, where the writ
[021] of right is turned to a writ of entry, as above.5 Supra i, 413; the cases are in Mich. 6-7: Hall in E.H.R., lxxiii, 483; passage belongs infra 106, line 3, after ‘super
[022] iudicium’ of Michaelmas term in the sixth year of king Henry in the county of Devon
[023] among the Bench essoins, [the case] between Matilda de Curtenay, demandant, and
[024] Robert de Curtenay, tenant, because there it is said that the essoin of bed-sickness
[025] is allowed, though the plea is upon judgment.7 And in the same roll, among the
[026] essoins of bedsickness, it is said that it will be allowed after the day given for hearing
[027] the election [of the knights], as [in the case] between Geoffrey de Lucy8 in the county
[028] of Sussex.9 And in the same, in the county of Suffolk, [the case] of the prior of
[029] Blythburgh,10 that it does not lie in the writ quo jure. And in the same that it does
[030] not lie where it was not cast on the third day before the day of the plea,11 in the
[031] county of Gloucester, the case of Robert of Thorney.12 And in the same, in the
[032] county of Suffolk, [the case] of Philip de Redham,13 that it does not lie in a writ de
[033] proparte sororum by the new writ. And [in the roll] of Easter term in the fourteenth
[034] year of king Henry in the county of Buckingham, that it does not lie in a writ de
[035] fine facto.14



Notes

1. ‘placitum’ and singular throughout

2. Infra 106

3. Supra 98, infra 108

4. Supra 91, 98, infra 108

5. Supra 91, 99

7. Not in B.N.B.; infra 106

8. Omission

9. Not in B.N.B.

10. Not in B.N.B.

11. Supra 92, 103

12. Not in B.N.B.

13. Not in B.N.B.

14. Not in B.N.B.


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