Bracton: Thorne Edition: English. Volume 4, Page 125

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Volume 4, Page 125

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[001] On this matter may be found [in the roll] of Easter term in the fourteenth year of
[002] king Henry in the counties of Nottingham and Lincoln, [the case] of William,
[003] treasurer¹ of York, and William of Camera and Lecia, his wife.>² If the knights
[004] come on that day and attest their view, and, the demandant presenting himself in
[005] court, the tenant does not appear, after awaiting the fourth day let the land be
[006] taken into the lord king's hand by default by the little cape, because the tenant
[007] cannot deny the essoin [and the day given] against the knights' record,³ whether he
[008] has appeared in court or not. If the knights and the tenant appear, but the demandant
[009] does not, then, the tenant having presented himself in court, he will
[010] retire quit of that writ on the fourth day. If the knights appear on the first⁴ day,
[011] but neither the demandant nor the tenant, but both appear on the morrow, or on
[012] the third day or on the fourth, since the parties are equals with respect to default,
[013] and neither can blame anything on the failing of the other, let default balance default
[014] and the plea proceed, because equal offences are nullified by one another.⁵ But
[015] if they are unequals as to default, if one appears on the first day and the other on
[016] the morrow or on the third day or the fourth, let proceedings be taken to default,⁶
[017] as will be explained below [of defaults.]

When the knights come to attest ‘languor.’

[019] When the knights have made the view [and], after examining the infirmity, adjudge
[020] ‘languor’ to the essoinee, they will give him a day, a year and a day from the day of
[021] his view, at the Tower of London, that he then be there to answer thereon or send a
[022] sufficient responsalis on his behalf. If on⁷ the day contained in the writ they come
[023] before the justices and testify that they viewed him on such a day and gave him a
[024] day, a year and a day from the day of his view, at the Tower of London, [and]
[025] disagree as to the day, let them again be sent to view and to give a day certain, and
[026] to certify the view again. If they agree on the day, let them be diligently examined
[027] by the justices as to whether the day given is a reasonable and lawful day or not,
[028] as where the year is a leap year.⁸ If after examination the day is unlawful, let the
[029] knights be sent again to the ‘languid’ person to give him a lawful day according to

Notes

1. ‘thesaurario’

2. B.N.B., no. 405; no roll extant

3. Supra 66, 67, infra 145

4. ‘primo’

5. D. 24.3.39: ‘paria delicta mutua pensatione dissolvuntur’; infra 135

6. 135

7. ‘Si ad’

8. Infra 132