[001] with respect to such a plea by such a one.’ If the tenant is present he will have the [002] same day. If he essoins himself, let the enrolment be made thus: ‘Such a one against [003] the same person with respect to the same by such a one.’ If he defaults, let the [004] demandant sue the default. If the tenant essoins himself and the warrantor appears, [005] let him have the same day. If he defaults, let the tenant or his essoiner await the [006] fourth day, and if he then does not come, proceed to default. And what is said of one [007] tenant and one warrantor, essoined or not essoined, may be said of several tenants [008] and attorneys. And finally note that the tenant will not essoin himself against the [009] warrantor or the warrantor against the tenant, but each of them will essoin himself [010] against the principal demandant. And whether it is the demandant or the warrantor [011] who essoins himself, he who did not essoin himself is always exacted.
How essoins of difficulty in coming are judged.
[013] In order that essoins of difficulty in coming may be properly judged, the original [014] writs must first be inspected, especially if the plea is new, or the judicial writs if it [015] is [not] new, in order to ascertain whether the essoin lies or not. If the plea is new [016] and the writ has come, let mention then be made in the margin that it is a new [017] plea. If the writ does not come, let mention be made in the margin that it did not, [018] but let the essoin be allowed if the demandant comes, and let him be told to have [019] his writ at another day, by another writ addressed to the sheriff.
If the original writ does not come let another writ issue to the sheriff that he cause it to come.
[021] ‘The king to the sheriff, greeting. We order you to cause to come before the justices [022] etc. our writ with respect to the plea which was summoned in our court before the [023] justices etc. between such a one, demandant, and such a one, tenant, touching so [024] much land with the appurtenances in such a vill (Or in another way, ‘our writ that [025] came to you for summoning such a one to be before etc. to answer to such a woman [026] touching the dower which falls to her from the free tenement which belonged to [027] such a one, her late husband etc.’ Or ‘between such a one, plaintiff, and such a one [028] with respect to attaching him in such a plea,’ so that mention is always made in the [029] writ of the original writ. And then as follows:) and to be there yourself to hear your [030] judgment as to this, that you did not send that writ to the aforesaid justices on such [031] a day as you were ordered. And have1 there this writ together with the other writ. [032] Witness etc.’ If the plea is old, which it will be after the first essoin, then, in the [033] same way, let mention be made in the margin that it is old. And so if
Volume 4, Page 101
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