Bracton: Thorne Edition: English. Volume 4, Page 117

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Volume 4, Page 117

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[001] of bed-sickness against the same A. with respect to a plea of land, and he did not
[002] come, nor did the knights who made the view of him, nor did the sheriff send the
[003] writ. Therefore let the sheriff be ordered, as before, and [that] he be¹ present to hear
[004] his judgment etc.’ The same day will always be given the parceners and the party.
[005] If the sheriff sends the writ on the first day and the knights do not come, and the
[006] sheriff sends the names of the knights, let the enrolment then be made thus: ‘A.
[007] offered himself on the fourth day against B., who essoined himself of bed-sickness
[008] against the same A. with respect to a plea of land etc. And B. did not come nor did
[009] the knights who made the view of him, namely, C. D. E. and F., and the sheriff sent
[010] the writ. Therefore let the knights be attached to be present on such a day to attest
[011] etc. And the same day was given to such a one, the demandant, and to such persons,
[012] the parceners etc.’] The form of the writ is this:

Writ for attaching the knights.

[014] ‘The king to the sheriff, greeting. Put C. D. E. and F., viewers of the infirmity by
[015] which B. of N. in our court before the justices at Westminster essoined himself of
[016] bed-sickness against A. of N. with respect to a plea of land in such a vill (or ‘in such
[017] a county’) by gage and safe pledges to be present before our justices at Westminster
[018] on such a day to attest their view and the day they set him, and to show
[019] why they did not appear before our same justices at Westminster on such a day as
[020] they were ordered. And have there the names of the pledges and this writ.’ On that
[021] day the demandant may essoin himself, if he wishes, and the parceners similarly, or
[022] appear and have another day either by themselves or by their essoiners. If the
[023] sheriff attaches the knights and sends the writ on another day, and the essoinee
[024] does not come nor the knights, then, the demandant or his essoiner offering himself
[025] for the suit on the first, second, third, and fourth days, let the knights be attached²
[026] by better pledges, and let the enrolment be this: ‘A. offered himself on the fourth
[027] day against B. who essoined himself of bed-sickness against the same A. with respect
[028] to a plea of land etc. (as above). And B. did not come nor the knights who
[029] made the view of him, namely, C. D. E. and F. And the sheriff sent word that the
[030] knights were attached, namely C. by such persons and D. by such, and so of the
[031] others. Judgment:³ let them be put by better pledges to be present on such

Notes

1. ‘quod sit’

2. ‘attachientur’

3. ‘iudicium,’ as infra 148