“The King to the Sheriff, Health. I command you that, without delay,
you deliver possession to _M._ of so much land in such a Vill, of which
there was a suit in my Court, between him and _R._; because the Seisin
of such Land is adjudged to the said _M._ in my Court, for the default
of _R._ Witness, &c.”
CHAP. XVIII.
If any one desire to cast the _Essoin de infirmitate de Reseantisâ_,
he may thrice do it.[64] Yet should the Essoiner, on the third day
preceding that appointed, at a proper place, and before a proper
person, present his Essoin. If, on the third summons, the Tenant
appear not, the Court should direct, that it may be seen whether his
indisposition amount to a languor,[65] or not. For this purpose, let
the following Writ issue directed to the Sheriff.
[Footnote 64: “_And by two Essoiners_,” according to Cotton. and Dr.
Milles’s MSS.]
[Footnote 65: Skene explains a languor by “a vehement sickness of body,
or of mind.” (Reg. Maj. L. 1. c. 8.)]
CHAP. XIX.
“The King to the Sheriff, Health. I command you that, without delay,
you send four lawful men[66] of your County to see of the infirmity
of which _B._ hath essoined himself in my Court, against _R._ be a
languor or not. And, if they perceive that it is a languor, then, that
they should put to him a day of one year and one day, from the day
of the view, to appear before me, or my justices, or that he send a
sufficient Attorney to answer for him. And if they see that it be not
a languor, then, that they put him a certain day, on which he shall
appear, or send a sufficient Attorney to answer for him. And Summon,
by good Summoners, the aforesaid four Knights, that they be then there
to testify their view, and the day they put him; and have there the
summoners and this Writ. Witness, &c.” It should be observed, that two
Essoiners, at least, are necessary to cast this Essoin.
[Footnote 66: The text is _Homines_. The Translator submits that it
should be _milites_, a reading warranted by the latter part of this
very writ; and authorised by the concurring testimony of Bracton,
Fleta, Grand Custum. of Norm. &c. See also chapter 28. of the present
Book—where, a similar object being in view, four _Knights_ are directed
to be sent.]
CHAP. XX.
It should also be remarked, that the two first essoins may be cast _de
infirmitate veniendi_, and the third _de reseantisâ_.
Should that course be adopted, the Court should send to ascertain,
whether the indisposition amount to a languor, or not. If, however,
the two first essoins should be _de reseantisâ_, and the third _de
infirmitate veniendi_, it shall be ordered as if they were all _de
infirmitate veniendi_, because the judgment must always follow the
nature of the last essoin.
CHAP. XXI.
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