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[001] he did not essoin himself. The tenant must therefore come and warrant, otherwise
[002] the essoin will not be warranted. Nor, though he has appointed an attorney, does
[003] he thereby exclude himself from coming and defending himself when he is able and
[004] willing.1 If one appoints an attorney who essoins him, and before the day given by
[005] his essoiner wishes to remove him and substitute another, it will not be safe for him
[006] to do so before the day has passed on which the essoin is to be warranted, because
[007] neither the tenant himself nor the removed attorney2 may3 warrant it.4 5<This may
[008] be the reason why an attorney ought to be removed6 after one has been essoined,
[009] that an essoin of bed-sickness may follow in the person of the principal lord.>7 8In
[010] an essoin of difficulty in coming a day is given by the justices in many ways,
[011] sometimes before themselves, sometimes before the justices itinerant, [before themselves,
[012] sometimes simply, sometimes disjunctively, that is, before themselves unless
[013] the justices first itinerate in the county,]9 on a day certain or uncertain. In some
[014] cases, an essoin before the justices itinerant follows or does not according as such
[015] persons, when before the justices of the Bench, received a day in person or by an
[016] essoiner,10 with this exception that if in the Bench they took an uncertain day,
[017] that is, ‘at the coming of the justices,’ so that a general summons must follow,
[018] which precedes the arrival of the justices by a fortnight or more,11 from that summons
[019] an essoin of difficulty in coming may follow, as in all writs and assises which
[020] are immediately put by the Chancery at the arrival of the justices. But if a day was
[021] given by the justices of the Bench in this way: ‘Before the justices itinerant in the
[022] eyre’ when they are itinerant, it will then be as said above. In the eyre of the justices
[023] essoins are cast at the beginning of the eyre, sometimes as to the common
[024] summons, sometimes as to pleas of land. In some cases essoinees will have a
[025] reasonable day of at least a fortnight whether the land claimed is within the
[026] county12 or outside it, [if] the view is sought or a warrantor vouched. Any day
[027] certain will be reasonable13 if the land is within the county, since suits are to be
[028] shortened; the arbitrary delays will be of three days or four or more, depending on
[029] the distance of the places in which the land claimed lies.



Notes

1. Supra 85

2. ‘attornatus’

3. ‘possit’

4. Supra 86

5. Not in list of addiciones supra i, 413; om: OA, CE, OB, MA, MB, but in LA, MC, OC, MG, CM

6. ‘quare’; om: ‘non’

7. Supra 85, infra 104, 145

8. New paragraph

9. Om: ‘vel coram iustitiariis pure,’ a connective

10. Infra 136

11. Supra ii, 327

12. ‘comitatum,’ all MSS

13. Supra 63, 74


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