Bracton: Thorne Edition: English. Volume 4, Page 141

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Bracton Online -- English

Volume 4, Page 141

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[001] in coming where there are several tenant parceners having a single right; how often
[002] they may essoin themselves and when the essoin of bed-sickness will cease to be available.
[003] How often? It is clear that they may essoin themselves several times, that is,
[004] after every appearance and a day lawfully given in court,¹ together, if they wish,
[005] or successively, after a single appearance, until all have their essoins, that is, each a
[006] single essoin of difficulty in coming and another of bed-sickness; then let them appear
[007] together to answer.² When they receive another day, after a day given by consent
[008] of the parties, or after the view sought or a warrantor vouched, they may have the
[009] same essoins and in the same way.³ And so at every appearance until the plea is
[010] determined, provided that no ‘languor’ intervenes. When all have essoined themselves
[011] together of bed-sickness, ‘languor’ may be adjudged to all, or ‘rising’ to all,
[012] or ‘rising’ to some and ‘languor’ to others. If ‘rising’ is adjudged to all, let them
[013] all come together and answer. If all do not come, or if some do not, let the same be
[014] done for all that was said above as to one, according as they appear or not. If ‘languor’
[015] is adjudged to all together, let the same be done for all that was said above
[016] of one, according as all or some observe ‘languor’ and keep their day or do not. If
[017] after one appearance and a day given they appear successively and essoin themselves
[018] successively of bed-sickness, and ‘languor’ is adjudged them successively, by
[019] the same or different knights, if there seem to be several ‘languors’ in the first case
[020] as well as the second, since all are tenants having, so to speak, a single right, all the
[021] ‘languors’ must be taken for one ‘languor,’ because of the unitary nature of the
[022] right.⁴ When all have ‘languor,’ together or successively, as said above, or at least
[023] one of the several, thenceforth the essoin of bed-sickness will cease to lie in the persons
[024] of all until the end of the suit, just as was said above of one tenant.⁵ If some of
[025] the several, or one, essoins himself first of difficulty in coming and some are present
[026] and some default, the essoinees will have a day by their essoiners, and the same day
[027] will be given to those who are present. Against the absent proceedings must be
[028] taken to default as will be explained below [of defaults.] On another day those who
[029] are essoined may, if they wish, essoin themselves of bed-sickness. Those who on the
[030] first day took a day in court may essoin themselves on their day,

Notes

1. Supra 90

2. Supra 100

3. Supra 84, 88

4. Supra 93, 103, 114

5. Supra 93, 94, 140