Bracton: Thorne Edition: English. Volume 4, Page 89

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Volume 4, Page 89

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[001] different tenements by different rights. If different tenements by different rights,
[002] the demandant, if there is one, must essoin himself against all, specifying the persons,
[003] because there are different rights and different pleas, though the several
[004] tenants are included in the one writ. If there are several demandants in common
[005] and one tenant or several, all the demandants must excuse themselves or come and
[006] sue. But the default of one will not be prejudicial to all the others, only to him who
[007] defaulted, with respect to his portion.¹ If the tenants hold in common, or separately
[008] provided they hold as parceners, [and] the demandant, or the several demandants
[009] essoin themselves, it suffices, provided that all do so, if they are essoined against
[010] one and the others named in the writ, [or only against one without mention of the
[011] others, for the reason given above,] for when demandants are excused against one of
[012] several tenants in common, the others cannot proceed to default without him. If an
[013] illness befalls a man on the journey, so that he is incapable of coming, he may be
[014] equally incapable of sending several persons to excuse his absence, and therefore it
[015] suffices if he sends a single person against several who are, so to speak, a single
[016] person because of the unitary right they have. [An essoin is not made to the party,
[017] but to the court,² as is evident, because one may essoin himself in the absence of his
[018] adversary just as in his presence. And similarly, an essoin may be warranted and
[019] the oath taken in the absence of the adversary. Hence it is evident that it suffices if
[020] the justices are informed³ of his incapability. And therefore if he is incapable of
[021] coming or sending, [whether] against one⁴ [or] against several does not matter, only
[022] that the justices be apprised of his incapability.] But against several [who do not
[023] hold in common], the tenant, one or several, must essoin himself against each by
[024] name, so that it is clear who, against whom, and with respect to what plea, [as may
[025] be seen in appointing an attorney, who attorns whom, against whom, and in what
[026] plea, [for] if all these are not expressed the attorneyship will not be valid,]⁵ because
[027] he may be essoined against one of the several and in default against another, as
[028] above,⁶ according as there is a single plea or several.

Who may essoin himself after the duel waged.

[030] Who? It is clear that both the champion and the principal lord may be essoined
[031] after the duel has been waged, together and on the same day or successively, as [in
[032] the roll] of

Notes

1. Supra 84, infra 127

2. Supra 74, 84

3. ‘constiterit,’ all MSS

4. Om: ‘impotens . . . mittendi’

5. Om: ‘Eodem modo . . . essonio,’ a connective

6. Supra 84; om: ‘sed . . . erit’