Bracton: Thorne Edition: English. Volume 4, Page 66

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Volume 4, Page 66

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[001] show a sufficient reason to explain why he was not present on the other day as summoned.
[002] Such reasons may be many, of which something will be said below,¹ one of
[003] which may be this, that he had no summons, in which case the demandant must
[004] show the contrary by the summoners who made the summons, otherwise there will
[005] be no summons and no default.² If the summons is attested and proved there will
[006] then be opportunity for a defence by wager of law, as was said above.³ If after the
[007] first taking he does not come on that day, he will lose his seisin by a second taking
[008] by the little cape, unless he then comes and denies the summonses and the defaults
[009] by his law as above.⁴ ⁵ If [the tenant] does not appear on the first day but essoins
[010] himself, [in which case it is evident that he in a way admits the summons,⁶ until
[011] he comes and denies and disputes it,]⁷ he will then be given another day by his
[012] essoiner, whether the writ has come or not.⁸ On which day, if he comes, let him
[013] answer at once or except. If he does not come, let the land be taken into the hand
[014] of the lord king by default, and let him be summoned by the great cape to be
[015] present on another day to answer and show why he did not keep the day given him
[016] by his essoiner. If he does not come on that day,⁹ [let the procedure be as above on
[017] the second default]. If he comes,¹⁰ [as above]. If on the day given him by his essoiner
[018] of difficulty in coming he causes himself to be essoined¹¹ of bed-sickness,
[019] another day will then be given the demandant (but not the tenant) within which,
[020] immediately after the essoin, let four knights of the county be sent to him to see
[021] whether the illness by which he has essoined himself is ‘languor’ or not. When they
[022] come to the place where he lies, or ought to lie, [if] they find him in bed as one essoined
[023] and confessing the essoin, whether he has in truth essoined himself or is falsely
[024] essoined by another, in which case the knights will proceed to make the view in
[025] the accustomed manner, as will be explained below,¹² as though everything had
[026] been properly done, they will give him [a day] according as they award him passing
[027] illness or ‘languor,’¹³ nor on the day given him may the tenant any longer deny
[028] summonses and delays against the testimony of the four knights, since in this matter
[029] they have record.¹⁴ Nor may he thereafter deny summonses and defaults against his
[030] own acknowledgment of the essoin;¹⁵ not even if the demandant admits that he
[031] caused him to be illegally essoined by the two essoins, even without a summons,
[032] ought he [the tenant] to be heard, as one alleging his own deceit. If the four knights
[033] find him out of bed in the court yard, or

Notes

1. Infra 72

2. Om: ‘Et ideo . . . capitale’

3. Supra 65

4. Infra 67

5. New paragraph

6. Supra 64, infra 161

7. Infra 67

8. Infra 161

9. Deleted

10. Deleted

11. ‘essoniari’

12. Infra 115

13. Infra 124

14. Infra 125, 145

15. Supra 64; infra 69, 183