Bracton: Thorne Edition: English. Volume 4, Page 92

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Volume 4, Page 92

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[001] from a common stock to related persons, that is, to two or more brothers or their
[002] heirs descending ad infinitum. At the beginning of the suit one essoin follows the
[003] other, as aforesaid, but later it ceases to follow it, when it is decided that neither the
[004] duel nor the grand assise lies between such persons descending from a common
[005] stock.¹ There is another writ of right where one essoin does not follow the other,
[006] neither at the beginning of the suit² nor in the middle nor at the end nor at any
[007] time, as in the writ of dower, for there the duel or the grand assise will never lie.³
[008] It is generally true that whenever the grand assise or⁴ the duel may follow, and
[009] while and as long as it may follow, the essoin of bed-sickness will lie, and whenever
[010] the duel or the grand assise does not follow, or if they begin to follow and then
[011] cease, the essoin of bed-sickness will never lie. ⁵We must see who may essoin himself
[012] of bed-sickness after an essoin of difficulty in coming. It is clear that a male or
[013] a female, several or one, may so essoin themselves. Also a warrantor after he has
[014] warranted,⁶ provided that ‘languor’ has not preceded, as will be explained below.⁷
[015] Also a minor as well as an adult, provided that the minor is bound to answer within
[016] age to a writ of right, [as] with respect to a feoffment made to him, because in that
[017] case he will have all the remedies any adult would have in a proprietary action,
[018] [though he may not answer by himself or take an oath, he may by a guardian or
[019] curator, who may, if need be, in order to warrant the essoin, swear upon the soul of
[020] the minor,]⁸ as where he is impleaded, and essoined of difficulty in coming, as to
[021] something of which his ancestor did not die seised as of fee, where he must answer
[022] to the right. In that case let mention of minority always be made on the essoin, in
[023] this way, ‘And note that such a one is within age.’⁹ If a minor claims the seisin of
[024] his ancestor in a possessory action by assise, the minor-demandant will have no
[025] essoin, nor will the tenant against him, since it is as effective in his absence as in his
[026] presence, since he can say nothing as to why the assise remain and not be taken
[027] immediately.¹⁰

When and in what way the essoin of bed-sickness ought to be cast.

[029] We must see when and in what way the essoin of bed-sickness ought to be cast.
[030] It is clear that it ought to be cast up to and including the third day, that is, before
[031] the day given by the essoiner in the essoin of difficulty in coming,¹¹ and by two persons
[032] who are not called essoiners but messengers, since they are sent to announce
[033] the excuse,¹² not to essoin, because they do not receive a day, nor swear to have
[034] their warrantor on some day to prove the excuse, as above [of the essoin of difficulty
[035] in coming.]¹³ Thus one may be sent to essoin and prove, or to essoin

Notes

1. Supra iii, 320

2. ‘litis’

3. Infra 97, 102

4. ‘vel’

5. New paragraph

6. Infra 106

7. Infra 94

8. Supra 74, infra 106; cf. 81

9. Supra 80

10. Supra 79, 80, 81

11. Infra 103, 106

12. ‘ut nuntiant excusationem’

13. Supra 74