Bracton: Thorne Edition: English. Volume 4, Page 110

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Volume 4, Page 110

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[001] the same day. Also the four knights electors, or the twelve knights chosen to make
[002] the grand assise, if proceedings have gone so far. A warrantor must be exacted until
[003] he has warranted. When the essoin of bed-sickness has been so returned, let the
[004] demandant or his essoiner at once have a writ for sending four knights to view the
[005] essoinee, to see whether the infirmity by which he essoined himself is ‘languor’ or a
[006] passing illness, as will be explained below.]¹

How essoins of difficulty in coming are returned.

[008] They are returned in this way. First let the essoiner be called publicly, thus: ‘Where
[009] is the essoiner of such a one?’ and afterwards, ‘Where is such a one?’ that is, the
[010] person against whom the essoin is cast, or his essoiner, if he is essoined. If both are
[011] present, the essoiners will swear to have their warrantors at a certain day,² the day
[012] being at least fifteen days distant. And what is said of one may be understood of
[013] several if [several] are essoined. When all those whom the cause touches are present,
[014] the same day will be given [to all]. If some have defaulted, let the demandant or his
[015] essoiner be told to await his fourth day against those who have not come, that proceedings
[016] to default may be taken, as will be explained below [of defaults.]³ In returning
[017] an essoin, as above in connexion with essoins of bed-sickness, let all those
[018] whom the matter touches be exacted, as a parcener [and] a warrantor, as above,
[019] and others, recognitors in assises, jurors in juries, inquisitors in inquests, knights in
[020] the making of elections or the knights in grand assises, that they may have the same
[021] day if they are present or be attached [if] they are absent. If some are dead, or
[022] rejected as unsuitable or excused for some reason, let others be put in their places
[023] by whom the business may best be expedited. It does not often happen that such
[024] persons have any essoin or excuse.

Which essoiners will swear and which find pledges.

[026] Not all essoiners for receiving a day will swear, only those that are beneath the rank
[027] of baron. Barons and baronesses and their superiors, as earls, and their attorneys
[028] will not swear but find pledges.⁴ And the reason for the difference, so it seems, may
[029] be this, that in warranting an essoin such noble and worthy persons will not take
[030] the oath themselves but by procurators, that is, by their pledges. ⁵<[Martin in the
[031] Bench in the seventh year].⁶ And if the baron or

Notes

1. Infra 113

2. Supra 74

3. Supra 108

4. Supra 73; Hall in E.H.R., lxxiii, 482

5. Supra i, 413; belongs supra at n. 4

6. As V: supra i, p. xiii; B.N.B., no. 1637 (Mich. 7-8)