Bracton: Thorne Edition: English. Volume 4, Page 124

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Volume 4, Page 124

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[001] the summons and the default, that he was never summoned; then both¹ essoins, of
[002] difficulty in coming as well as of bed-sickness.² Then let action be taken as described
[003] above [of summonses.]³ If the essoin was cast after he has appeared in the court
[004] and has a day, he cannot deny the day given against the court's record, and thus, if
[005] he afterwards denies the first essoin of difficulty in coming, he consequently admits
[006] that he defaulted and thus will lose seisin by judgment, because of the default; a
[007] fortiori if he denies both essoins, of difficulty in coming and of bed-sickness. [When]
[008] the knights come to view and find him wandering through court and countryside,
[009] then at their attestation⁴ [let it be done as in the case next above.] [When] the
[010] knights come to view and find him in bed as befits one so essoined, with his boots
[011] off and without trousers and unbelted, or perhaps naked, which is clearer,⁵ when he
[012] is questioned he either admits that he was essoined or denies the essoin completely.
[013] If he denies it, then on their attestation⁶ [let it be done as above.] If he admits the
[014] essoin, let the knights then inquire diligently as to the kind of illness and the circumstances,
[015] whether it is hidden and inward or open and outward, that they may
[016] answer thereto if they are asked. And according to what they see and judge they
[017] will give him passing illness or ‘languor.’ If they award him passing illness, perhaps
[018] in the presence of the demandant, they will give him the day certain contained in
[019] the writ, that he then appear or send a sufficient responsalis on his behalf.⁷ If the
[020] knights come on that day, and the demandant and tenant, let the plea proceed in
[021] the ordinary way. If the demandant and the tenant appear and only one, two or
[022] three of the knights,⁸ without the fourth the attestation of the knights is not of
[023] much effect.⁹ But if the demandant¹⁰ admits that the view was properly made, his
[024] testimony suffices,¹¹ ¹²<as where¹³ the demandant appears on the common day and
[025] the viewers do not, and he acknowledges that the essoinee of bed-sickness was
[026] viewed on a certain day and that the viewers gave him ‘languor’ and a day at the
[027] Tower of London, a year and a day from the day of his view. The same¹⁴ day will
[028] be given the demandant at the Tower, because of his protestation, and if the
[029] essoinee then does not come, let the case revert to the court and let proceedings be
[030] taken against the knights, to come to testify; if the essoinee comes, let proceedings
[031] be taken in the principal plea.

Notes

1. ‘utrumque,’ as below

2. Supra 66, 67, 116, infra 130

3. Supra 66-7

4. Deleted

5. Infra 128

6. Deleted

7. Supra 113, infra 136

8. ‘militum’

9. ‘per hoc . . . militum,’ from 125, line 4; supra 115, 118

10. ‘Si forte petens’

11. Infra 127

12. Supra i, 413

13. ‘ut si’

14. ‘Idem’