Bracton: Thorne Edition: English. Volume 4, Page 127

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Volume 4, Page 127

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[001] to err, because he could then be in default because of the error of the knights,
[002] though he himself was not at fault. Therefore let him appear on the lawful day,
[003] because of the general words by which the day is given him, a year and a day from
[004] the day of his view, the specification of the day being taken as void. When they
[005] come before the justices to attest ‘languor,’ all must come together, as was said
[006] above,¹ [unless the demandant² is present and admits that the view was made lawfully
[007] and the day given, in which case the testimony of two or three suffices with
[008] the testimony of the demandant,]³ and let the enrolment be made as follows: ‘C.
[009] D. E. and F., the four knights sent to such a one who essoins himself or bedsickness
[010] against such a one with respect to a plea of land, come and attest that they
[011] saw him on such a day and gave him languor (for a certain reason, because of such
[012] an infirmity, that is, if they are asked as to that) and also gave him a day, a year
[013] and a day from such a feast,’ or ‘from such a day before (or after) such feast,’ or
[014] ‘from the third (or fourth) day of the kalends of April,’ or ‘from the fourth of the
[015] kalends’ or ‘the fourth of the ides,’⁴ [that is], without specifying [the day of appearance]
[016] or with a specification, as was said above. The attestation having thus been
[017] made, the same day will be given to the demandant, if he is present, or by his
[018] essoiner if he is essoined, and similarly to the parceners if they are present. The
[019] whole plea will thus be in suspense until after the year and day, and the plea will
[020] cease to be in court until it is again remitted to the court from the Tower by the
[021] constable after the year and day, nor may it in the meantime be recalled to the
[022] court by the justices, no matter what the reason, without the consent of both parties.
[023] If [some] parceners are not present when ‘languor’ is attested, or if, though
[024] they are essoined, the essoins do not lie, because they have essoined themselves
[025] earlier, the demandant offering himself in court on the fourth day, let proceedings
[026] be taken against them to default, [as below, of defaults,] since they are parceners
[027] and because the thing sought admits of division, ⁵<though it is not now divided.
[028] And so if it is divided among the co-heirs.> For parceners may lose by default without
[029] their parceners, though without their parceners they are not bound to answer.⁶
[030] If a husband and wife, who hold a single thing together and as a whole are impleaded,
[031] since they are, so to speak, one body, though different souls, and not parceners,
[032] because the thing does not admit of division between them, when one of
[033] them is

Notes

1. Supra 126, n. 2

2. ‘petens’

3. Supra 124

4. Om: ‘in unum annum at unum diem,’ redundant

5. Supra i, 414

6. Supra 84, 89, infra 227, 330, 337