Bracton: Thorne Edition: English. Volume 4, Page 116

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Bracton Online -- English

Volume 4, Page 116

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[001] since all pleas in the Bench are put and remain sine die by virtue of the public
[002] proclamation made thereof. If the justices are resident in the Bench and there are
[003] also justices itinerant in the county where the land claimed is situated, let a day
[004] then be given before the justices of the Bench, and let the justices of the Bench
[005] fix a day before the justices itinerant in the county, the proper order, so to speak,
[006] being observed. On this matter more will be said below, according as the parties
[007] come to the Tower or do not.¹ It may well happen that the essoinee cannot come to
[008] the Tower on his day, because ‘languor’ turns into ‘dangerous disease,’ that is, into
[009] an incurable disease.² In that case, since he cannot come, he ought to send a sufficient
[010] responsalis, who may take the judgment upon himself, and whose answer
[011] must be ratified as will be explained below.³ The sheriff ought also to instruct the
[012] knights to be before the justices at Westminster on the day certain contained in the
[013] writ to attest their view and the day they set him.⁴ ⁵If the demandant is diligent
[014] in prosecuting and, when he receives the writ, the sheriff is negligent,⁶ let him then
[015] be ordered sicut prius, [and] that he be present to hear his judgment. Thus let his
[016] negligence be punished. But if it not on the sheriff's account but the demandant's
[017] that the essoinee is not viewed, then on the failure⁷ of the demandant, let licence
[018] to rise be given the essoinee, if he seeks licence and has recovered from his infirmity,⁸
[019] [the demandant will be given another day, and let the essoinee be ordered
[020] to come immediately to court that he may have the same day,] because when a
[021] tenant is essoined of bed-sickness after he has once appeared in court, he cannot
[022] rise with impunity without the view of the four knights or without licence, as will
[023] be explained below.⁹ But if neither the demandant nor the sheriff has been negligent,
[024] and the knights have not made the view, or though they have, do not come
[025] to attest, then, on the day given, the demandant offering himself for the suit
[026] against the tenant and the knights, let them be attached,¹⁰ according as their names
[027] are written in the writ, by this writ. [Let the enrolment be made thus, if the sheriff
[028] has sent the writ.

Enrolment if the viewers do not come.

[030] ‘A. offered himself on the fourth day against B. and B. did not come nor did the
[031] four knights.’ Or thus and better: ‘A. offered himself on the fourth day against such
[032] a one who essoined himself

Notes

1. Infra 137

2. Supra 91, infra 131; D. 50.16.113

3. Infra 139

4. Supra 113

5. New paragraph

6. ‘negligens fuerit’

7. ‘defectu’

8. Infra 121

9. Infra 121, 130

10. ‘attachientur’