Bracton: Thorne Edition: English. Volume 4, Page 107

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Volume 4, Page 107

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[001] appear before the third day of the plea, the default will be allowed on another day
[002] when the essoiners claim judgment on the default. And so if the tenant essoins himself
[003] of difficulty in coming on the third day. Nor does it lie in a plea of agreement,
[004] nor in a plea of quo jure. Nor in a plea de fine facto. ¹If a husband and wife are
[005] vouched to warranty and the principal tenant essoins himself of difficulty in coming
[006] or of bed-sickness before the husband and wife have warranted, let the warrantors
[007] be exacted; if the husband is dead let the wife be summoned anew, that she be
[008] present to warrant by herself. If the wife dies first, or both die, let the heirs then be
[009] summoned.² It does not lie in a writ of entry ad terminum or cui in vita, nor as to
[010] any entry unless it is distant, that is, where the writ of entry is turned into a writ
[011] of right by the tenant's election, as [in the roll] of Michaelmas term in the seventh
[012] and the beginning of the eighth years of king Henry in the county of Northampton,
[013] [the case] of Henry de Gayton against the prior of St. John of Northampton.³ And
[014] in the same roll, that the essoin of bed-sickness does not lie when the essoin of difficulty
[015] in coming did not precede it, but is turned into an essoin of difficulty in
[016] coming, in the county of Devon, [the case] of Alice Malet.⁴ And in the same roll in
[017] the county of Buckingham, the case of Hugh de Brok,⁵ that it does not lie in the
[018] vill of London any more than in the county, because the essoinee may appoint an
[019] attorney by four knights.⁶ The writ falls and the essoin does not lie where the writ
[020] of right is not shown at the first essoin of bed-sickness, as in the county of Lancaster,
[021] [the case] of Alice of Lancaster and William de Tatham.⁷ It does not lie because
[022] it is a writ of dower, a writ of right of dower or a writ of dower.⁸ It does not lie in
[023] a plea where ‘languor’ has earlier been awarded.⁹ Nor in a plea for giving escambium
[024] or taking a chirograph. Nor in a plea of quod permittat, but let proceedings be taken
[025] to default. And let the same be done in a plea of services and customs. And that it
[026] does not lie in a writ of entry, [in the roll] of Michaelmas term in the sixth year of
[027] king Henry in the county of Nottingham, [the case] of Emma de Bello Fago,¹⁰ for
[028] there it is said that a writ of entry is equivalent to a writ of assise of mortdancestor.>

How essoins of bed-sickness are to be judged.

[030] Essoins of bed-sickness are judged thus, the original writs of right are first to be
[031] inspected, [to see] if they remain in their original state or begin by the count

Notes

1-2. Out of place: supra 101

3. Not in B.N.B.

4. Not in B.N.B.

5. Not in B.N.B.; supra 106

6. Ibid.

7. Not in B.N.B.

8. Supra 97

9. Supra 95

10. Not in B.N.B.