Bracton: Thorne Edition: English. Volume 4, Page 97

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Volume 4, Page 97

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[001] they will then first have an essoin of bed-sickness, if ‘languor’ has not preceded.
[002] They may essoin themselves successively of bed-sickness, when they have warranted,
[003] like the principal tenants, until they once have ‘languor.’

To what writs the two essoins of difficulty in coming and of bed-sickness belong.

[005] Among other things we must see the writs to which the two essoins belong immediately.¹
[006] In allowing essoins of bed-sickness, the original writs must first be examined,
[007] among which two writs may be found from which the two essoins generally
[008] proceed, namely, the writ of right of land [but not the writ of right of dower, because
[009] in the writ of right of dower the essoin of bed-sickness does not lie, since
[010] neither the duel nor the grand assise follows.]² [and] the writ of right called praecipe,
[011] that is,³ where one claims to hold the land he seeks of the lord king in chief,⁴ which
[012] must be determined directly in the lord king's court. Also the writ called ‘of services
[013] and customs.’⁵ Also the writ of advowson of a church, which must likewise be
[014] determined directly in the lord king's court. ⁶There is also a writ called praecipe
[015] from which, by accident and by the discretion of the justices, the two essoins proceed,
[016] for example, [where] mention is made of a distant entry.

Where the essoin of bed-sickness lies; of a distant entry.

[018] ‘Order A. that rightfully and without delay he render to such an abbot so much
[019] land with the appurtenances in such a place which he claims is the right of his
[020] church, and into which the same A. has no entry except through B., a former abbot,
[021] who without the assent and agreement of his chapter demised it etc.’ In writs of
[022] this kind, before judgment is given as to the essoin of bed-sickness, if one has been
[023] cast, we must inquire of the demandant how long his adversary has held that land,
[024] and when the abbot through whom he had entry died. If he says for thirty or forty
[025] years and more, let the essoin of bed-sickness then be admitted, for this reason,
[026] because, since other intervening abbots and the convent always allowed the tenant
[027] [to hold the tenement]⁷ without claim, and afterwards, after the aforesaid entry
[028] other succeeding abbots, with the consent of the convent, may have confirmed the
[029] deed of the first abbot, it appears and must be presumed that the tenant possesses
[030] rightfully and by rightful title until the contrary is proved.⁸ But quaere why proceedings
[031] are taken by such writ, since the writ of entry cannot exceed the time
[032] limit of the assise of mortdancestor?⁹

Notes

1. Supra 92

2. Supra 92, infra 102, 107; om: ‘Item duo . . . quoddam,’ a connective

3. ‘scilicet’

4. Supra 49; Clanchy in E.H.R., lxxix, 542

5. Supra 50, infra 98

6. Supra ii, 301

7. ‘tenere tenementum’

8. Om: ‘unde . . . lecti’

9. Supra 23