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[001] and let the writ say ‘with respect to a plea of land in such [other] county.’ If several
[002] who hold in common and in undivided shares, or a husband and wife, essoin themselves
[003] in the same county and lie in different places and in different vills, let the
[004] writ be drawn in this way: ‘Send four lawful knights of your county to such a vill
[005] to see whether the infirmity by which A. de N. in [our] court etc. essoined himself
[006] of bed-sickness against B. with respect to a plea of land is languor or not.’ And
[007] afterwards thus: ‘Also send the same four lawful knights of your county to such
[008] other vill to see whether the infirmity1 by which C. de N. in our court etc. essoined
[009] himself of bed-sickness against the same B. with respect to a plea of land is languor
[010] or not.’ And let the same be done with respect to any number of parceners ad infinitum,
[011] who lie in the same county [but] in different vills and places. And then
[012] thus: ‘And if they are languors, since2 the several ought to be considered one, set
[013] them a day, a year and a day from the day of their view, at the Tower of London,
[014] that they then be present there to answer etc. (as above).’3 And let the same be said
[015] of a husband and wife if they are essoined together in the same county [but] in different
[016] places. If in the same county and in the same place, let the writ then be this:
[017] ‘Send four lawful knights of your county to such a place to see whether the infirmities
[018] by which such persons, such a one and such, and so on, essoined themselves in
[019] our court etc. of bed-sickness against such a one with respect to a plea of land, are
[020] languors or not. And if they are languors etc. (as above).’ If several parceners essoined
[021] of bed-sickness lie in different counties, each will have his own writ to the
[022] sheriff where he lies,4 according as there is one or more lying in the same county.
[023] Since several parceners, as was said above, ought to have only a single ‘languor,’
[024] when one or several together are essoined of bed-sickness, and a day given to the
[025] demandant and the parceners who are5 present in person, or by their essoiners, if
[026] they are essoined [of difficulty in coming], they cannot essoin themselves of bed-sickness
[027] on any day until it is established whether the first essoinee of bed-sickness
[028] has ‘languor’ or passing illness, because6 if ‘languor’ were awarded to each of them
[029] at different times, and a different year and day given, there would thus be two
[030] ‘languors’ with respect to one plea, which ought not to be.7 But when the first
[031] essoinee arises by licence, or if passing illness is awarded him by the knights, and
[032] that is established, a parcener, one or several may at once begin to essoin himself



Notes

1. ‘infirmitas’

2. ‘cum’; supra 93, 103, infra 141

3. Supra 113

4. ‘iacuerit’

5. ‘sunt’

6. ‘quia’

7. Supra 93-4, 104, infra 141


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