Bracton: Thorne Edition: English. Volume 4, Page 123

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Bracton Online -- English

Volume 4, Page 123

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[001] have there this writ. Witness etc.’ If licence to rise is denied an essoinee in the court
[002] of a baron or another lord, or the demandant maliciously suppresses the writ lest
[003] the essoinee be viewed, let a writ of the lord king be sent to the steward of the court
[004] in this form.

If in the court of a baron or another licence to rise is denied, the lord king will give licence on the default of such persons.

[006] ‘The king to such a one, steward, greeting. It has been shown to us on behalf of A.
[007] that when B., in your court (or ‘in the court of such a one, your lord’) claimed so
[008] much land against the same A. by our writ of right, and the same A. essoined himself
[009] of bed-sickness against the same B. outside the fee of your lord, so that you
[010] could not cause him to be viewed, nor did the same B. sue as he ought to have that
[011] same A. viewed by four knights, according to the custom of our realm, but rather
[012] maliciously kept him for a long time confined, and [that when] the aforesaid A. sent
[013] to you at the aforesaid court and sought licence to rise and to appear in your same
[014] court to answer to the same B. on the same plea, according to the law of the land
[015] and the custom of our realm, you in the same court denied him licence to rise. And
[016] because in denying that licence to the aforesaid A. he was manifestly wronged, we,
[017] on your failure,¹ have given him licence to rise, to answer the aforesaid B. with
[018] respect to the aforesaid land according to the law and custom of our realm. We so
[019] notify you and the aforesaid court. Witness etc.’ It may thus be seen that the lord
[020] of a court and the bailiff can give an essoinee licence to rise, and if they may, a fortiori
[021] the sheriff and the county may.

When the four knights come to the place where the essoinee ought to lie.

[023] [When] the four knights lawfully sent, after many delays or immediately within the
[024] first day, come to the place where the essoinee lies or ought to lie to see etc., they
[025] then either find him or do not. If they do not find² him, and all so testify together
[026] on the day given, he who ought to be essoined is then either present in court or he
[027] is not. If he is not present, let the land be taken into the lord king's hand,³ either
[028] by the great or the little cape, according as the essoin was cast before the tenant
[029] appeared in court or after, and accordingly let proceedings be taken against him to
[030] default, as will be explained more fully below [of defaults.] If he is present and
[031] denies the essoin completely, we must then see whether the essoin was cast before
[032] an appearance in court or after. If before, he may well deny

Notes

1. ‘defectu’

2. ‘invenerint’

3. Supra 67