Bracton: Thorne Edition: English. Volume 4, Page 100

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Volume 4, Page 100

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[001] one, let the enrolment of the simple essoin be made as follows: ‘Such a one [essoined
[002] himself] against such a one with respect to such a plea by such a one.’ [Provided
[003] that mention first be made in the margin of the name of the county.]¹ If
[004] there is only one demandant and one tenant, each may essoin himself once, together
[005] and on the same day or successively, first one and then the other, if the demandant
[006] so wishes. The reason why it lies for the demandant is because here nothing is permitted
[007] the tenant which is not allowed the demandant.² Let the enrolment with
[008] respect to the demandant, when the tenant has essoined himself, be made as
[009] follows: ‘And the same [demandant] against [the tenant] with respect to the same
[010] by such a one.’ Thus if both essoin themselves together and on the same day. If
[011] successively, and the tenant has essoined himself first and the demandant appears
[012] and receives the same day in court, he may essoin himself on the second day, if he
[013] wishes, and conversely, if the demandant has essoined himself on the first day and
[014] the tenant appears and receives the same day, he may essoin himself on the second
[015] day, and so any number of times, as long as the demandant has been essoined. If
[016] there are several parceners, tenants holding in common or separately, each will have
[017] his own essoin and essoiner, provided that if they hold in common they may all
[018] essoin themselves together on the same day, or successively, one or several, until
[019] each, if he so wishes, has had a single essoin before he appears, and no more; let the
[020] enrolment then be made thus: ‘Such a one [the tenant] against such a one [the demandant]
[021] with respect to such a plea by such a one.’ The same may be said of all the
[022] other tenants who essoin themselves; the same day will be given to all those who
[023] are present, and against the absent proceedings must be taken to default. If there
[024] are several tenants who hold individually each will have his essoin but not successively,
[025] as above.³ If one or several tenants ought to essoin themselves against
[026] several demandants, mention need not be made of all the demandants, only of one
[027] and of ‘the others named in the writ.’ And let the same be done for one demandant
[028] or several against several tenants.⁴

If a warrantor is vouched.

[030] If a warrantor, one or several, is vouched by one tenant or several, each of them
[031] will have a single essoin if he wishes, together or separately, both the tenant who
[032] vouched and the warrantor vouched, one or several. Hence when the warrantor
[033] essoins himself let the enrolment be made as follows: ‘Such a one whom such a one
[034] (or ‘such persons’) vouched to warranty against such a one (or ‘such persons’)

Notes

1. Infra 103

2. Supra 85; D. 50.17.41.pr.

3. Supra 84

4. Cf. supra 88-9