Bracton: Thorne Edition: English. Volume 4, Page 144

Harvard Law School Library

Bracton Online -- English

Volume 4, Page 144

Next

Go to Volume: Page:

[001] B. with respect to a plea of land in your county (or ‘in such another county’) is
[002] languor or not. If it is languor, let them then set him a day, a year and day from
[003] the day of his view, that he then be present at the next county court.’ If he recovers
[004] before the view is attested, the county court may well give the essoinee licence to
[005] rise, in accordance with the rule in the court of the lord king. If the county court
[006] denies it, on the complaint of the essoinee the lord king may give licence to rise on
[007] the default of the county court. And so if the plea is in the court of a baron or
[008] another who has a court, the lord king may give licence to rise on the default of the
[009] court by this writ. [The form of the writ above where licence to rise is sought [which]
[010] begins thus: ‘It has been shown us.’]¹ And finally note that if the essoinee does not
[011] come on the day given him by the viewers, he may be excused from default because
[012] of accidents and lawful intervening impediments, if they are proved, as was touched
[013] upon briefly above² and will be explained more fully below, [of defaults.]³

Of the essoin of vill-sickness.

[015] There is also among other essoins an essoin, abnormal because it does not follow
[016] the rule of other essoins, called the essoin of vill-sickness, where one appears in
[017] court on the first day and offers himself, then withdraws on the same day without
[018] giving an answer. If, because of the onset of some illness, he cannot move himself
[019] from the place where he is lodged and received and come to court, he ought to send
[020] two essoiners, who in truth cannot be called essoiners because they do not receive
[021] a day, but messengers and excusers, and let them announce⁴ publicly in court that
[022] he is so detained by such infirmity in the same vill, or in another where he spent
[023] the night, that he cannot come to court, neither to gain nor lose, and then retire. On
[024] the second day let him send two, other than the first two. And so on the third day,
[025] but a different two from the first, and thus he is excused up to the fourth day. On
[026] the fourth day let four knights, if such are found in court or in the vill, be sent to the
[027] infirm person by the justices to hear whom he wishes to attorn in his place to gain
[028] or lose in the plea between him and the demandant. And if they find him there,
[029] they will take an attorney if he cannot come personally. If he is not found in that
[030] vill, and that is attested by the four knights, the tenant will be in default as though
[031] he were essoined of bed-sickness. But this essoin does not lie for everyone nor in
[032] every place.

Notes

1. Supra 123

2. Supra 72-3, 104

3. Infra 148, 158

4. ‘protestentur’