Bracton: Thorne Edition: English. Volume 4, Page 119

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Volume 4, Page 119

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[001] in testaments, where seven witnesses are necessary, and elsewhere in many places.]
[002] ¹‘A. offered himself on the fourth day against B. who essoined himself etc. (as
[003] above). And B. did not come nor did the knights who viewed him except only two,
[004] namely C. and D. And therefore let E. and F., who did not come, be attached to be
[005] present on such a day etc. (as above).’ [The same] day will be given the party and
[006] the parceners. Afterwards let them be attached by better pledges. And let the matter
[007] proceed to distraint, as above, until all come and attest together.² The writs may
[008] be drawn in accordance with what is said above by way of example. [If], when the
[009] four knights have once been sent to view [and] before they view, or after they view
[010] [but] before they testify, one or two or three die, others must be substituted in their
[011] place,³ that all may then view together, by this writ:

If one of the viewers is infirm or incapacitated, let another be put in his place.

[013] ‘The king to the sheriff, greeting. We order you to put another knight (or ‘other
[014] knights’) in the place of C., one of the viewers⁴ of the infirmity by which B. of N.
[015] in our court etc. (as above),⁵ who is dead (or ‘infirm,’ or ‘so weakened that he cannot
[016] make a journey,’ or thus: ‘in the place of C., one of the viewers⁶ who is dead,
[017] and that of D., a second viewer who is infirm and so weakened or incapacitated that
[018] he cannot make a journey,’ and send him (or ‘them’) together with E. and F. of
[019] N., first sent to the aforesaid B. to see whether the infirmity by which the aforesaid
[020] B. in our court etc. essoined himself of bed-sickness against the aforesaid A. with
[021] respect to a plea of land in N. is languor or not etc. (as above in the first original
[022] writ).’⁷ If one or two, as was said above, are not dead or incapacitated, but for some
[023] necessary reason have left the county, so that the others, because of their default,
[024] cannot make the view or attest, let others then be put in their places who may make
[025] the view, and let it then be said, ‘that in place of C. and D., viewers of the infirmity
[026] by which etc., put other knights and send them together with such others etc.’ (as
[027] above, up to the clause ‘or send instead a sufficient responsalis’). And then let there
[028] be added at the end the reason why those first sent could not view the infirm man,
[029] for the default of C. and D.

Notes

1. Om: ‘Irrotulatio,’ a connective

2. Supra 118, n. 2

3. Infra 120

4. ‘visorum’

5. ‘infirmitatis . . . ut supra,’ from line 19

6. ‘visorum’

7. Supra 113