Bracton: Thorne Edition: English. Volume 4, Page 135

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Volume 4, Page 135

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[001] again be taken from under the sign B.¹ Since two quarters still remain, let the third
[002] year begin under the same sign B. and let the calculation be made as above.² Since
[003] one quarter still remains, let the fourth³ year begin under the same sign and, the
[004] calculation made, it will end under the same sign, by reason of the same quarter.
[005] Thus in the same fourth year there will be two periods of six hours, one beginning and
[006] the other ending the year, because of which the year could be called ‘bisextilis.’⁴
[007] Thus the whole period of four years, [calculated] by the number of days, contains
[008] 1460⁵ days and one day, which is made up of the four quarters of the four preceding
[009] years and completes the whole period of four years. It is called ‘excrescent’ and plays
[010] no part in the period of the four following conventional years. Therefore, lest the inconvenience
[011] mentioned above ensue, the excrescent day remaining from the past
[012] period, the first day of the four following years is of necessity pushed back under
[013] the same letter B., and there will be two days under the same sign B.⁶ Thereafter
[014] let the calculation of the whole period of the four subsequent years be made in the
[015] way aforesaid, and so from period to period ad infinitum.

Of the appearance of the essoinee.

[017] Therefore the essoinee ought to observe the year and day diligently, lest he appear
[018] earlier or later than he ought. If he appears on an unlawful day and the demandant
[019] on the same day, the tenant will [not] be in default, a protestation having been made
[020] and the record of the constable [produced]. But if the demandant appears on the
[021] lawful day and the tenant earlier, [or] if the demandant appears on the lawful day
[022] and the tenant on the morrow, the tenant will be in default,⁷ because though the
[023] tenant defaults [as before], the demandant observed his day.⁸ If on the lawful day
[024] neither demandant nor tenant appears, then both are in default, because they did
[025] not observe the lawful day. Hence if both appear on the morrow, let the defaults
[026] balance one another, because equal offences are nullified by one another.⁹ If one
[027] appears on the morrow and the other on the third day or the fourth, though they
[028] are not completely in pari delicto and he will here be in default, let a balance be
[029] made as above. If one of them appears on the lawful day at the Tower, and the
[030] other¹⁰ before the justices in court, he who appeared in court

Notes

1. Om: ‘et erit . . . naturalis,’ redundant

2. Om: ‘ad hoc . . . naturalis’

3. ‘quartus’

4. Schulz, 304

5. ‘sexaginta’

6. ‘et erunt (for ‘exinde’) . . . signo B,’ from lines 6-7

7. ‘[vel] si petens die legitimo . . . tenens erit in defalta,’ from lines 25-6; om: ‘quia . . . observavit,’ lines 26-7

8. ‘quia licet . . . observavit,’ lines 24-5

9. D. 24.3.39; supra 125

10. ‘alius’