Bracton: Thorne Edition: English. Volume 4, Page 88

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Volume 4, Page 88

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If a tenant vouches several warrantors or one.

[002] Who? Suppose that one vouches one or several to warranty. After the voucher, each
[003] will have a single essoin before they appear, the vouchor as well as the warrantor.
[004] And so if several warrantors are vouched by one, each of them will have a single
[005] essoin on the first day, together or successively, as explained above with respect to
[006] several tenants,¹ that is, one after another until they have all their essoins, that is,
[007] one each. And so if there are several tenants and several warrantors.² If one of the
[008] several tenants, or one of the several warrantors, essoins himself on the first day
[009] and all the others are present, they will have the same day the essoiner has, and so
[010] from day to day one may essoin himself and then another until each has a single
[011] essoin. And similarly, when all appear in court at one and the same time and together
[012] receive another day, they may begin their essoins again as on the first day.³
[013] If some essoin themselves, some are present, and some default, let what was said
[014] above be done with respect to the essoined and those present. With respect to the
[015] absent, let this action be taken: let the demandant or his attorney, or his essoiner,
[016] if he is essoined, await the fourth day against them, lest⁴ they come within the
[017] fourth day,⁵ and on the fourth day, if they have not come, let proceedings be taken
[018] to default, as will be explained below [of defaults.] When one is essoined against
[019] several, his essoiner will receive all days against all. If several are essoined against
[020] one, each essoiner will receive his day, nor may one receive the day of another⁶ any
[021] more than one may essoin two parceners.⁷ It is generally true that if one essoins
[022] himself against one, he essoins himself against all.⁸ If [there is] one tenant [and]
[023] several demandants in common, it suffices if the tenant's essoiner says that he
[024] essoins his lord against such a one and all the others named in the writ, without
[025] specifying the names of the others, [If he says ‘I essoin my lord against such a one
[026] with respect to such a plea,’ with no mention of the others named in the writ, it
[027] seems and is true that this ought to suffice, because by the lord's essoin nothing is
[028] claimed except that he cannot come, and when his absence is excused against one,
[029] and the excuse is proved, it suffices against all.] because if the others wished to proceed
[030] to default against the essoinee, they could not do so without the parcener who
[031] is specified, and therefore there is no default. If, conversely, one demandant (or
[032] several) essoins himself against several tenants, we must then see whether they are
[033] tenants in common, as⁹ parceners, or tenants holding

Notes

1. Supra 84, infra 100

2. Om: ‘et ita quod’

3. Supra 84, infra 141

4. ‘ne’

5. Om: ‘non’

6. Infra 111

7. Infra 106

8. Infra 100; om: ‘et tunc . . . rem’

9. ‘ut’