Bracton: Thorne Edition: English. Volume 4, Page 118

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Volume 4, Page 118

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[001] a day. The same day was given to the party demandant and the tenant-parceners.’
[002] The form of the writ is this:

Another writ.

[004] ‘Put C. D. E. and F., viewers of the infirmity by which B. of N. in our court etc.
[005] essoined himself of bed-sickness against A. with respect to a plea of land in such a
[006] vill, by gage and better pledges to be etc. on such a day to attest their view and the
[007] day they set him, and to show why they were not present before the same justices
[008] etc. on such a day as they were attached. And summon by good summoners such
[009] persons, the first pledges of C., and such other persons, the first pledges of D. (and
[010] so of the others) to be before our aforesaid justices on the aforesaid day to hear
[011] their judgment as to this, that they did not have the aforesaid C. D. E. and F.
[012] before our aforesaid justices on such a day as they pledged them. And have there
[013] the summoners, the names of the second pledges and this writ. Witness etc.’ If the
[014] knights do not come on that day all the pledges will be in mercy. And let the sheriff
[015] then be ordered to have the bodies of the knights on another day, and that they be
[016] present to hear their judgment for their several defaults. If they do not come on
[017] that day, let the sheriff again be ordered to distrain them by their lands and chattels
[018] to be present on another day. The same day will always be given to the party
[019] and the parceners. If they then do not come, the distraint will be made heavier, as
[020] will be explained more fully below [in the portion] on attachments and distraints in
[021] personal actions.¹ If though all have made the view, only one, two or three come to
[022] attest it on the first day, then either the essoinee comes or he does not. If he does
[023] not, the demandant offering himself for the suit, let the enrolment be made thus:
[024] ²[because none of the four knights may attest or have record without the others,
[025] because either all testify or none. But why do not two or three suffice to attest
[026] without the fourth, according to that gospel, ‘since in the mouths of two or three
[027] witnesses every word may be established.’³ I answer: two do not suffice because
[028] where a fixed number is specified by the law or a constitution, for whatever reason,
[029] two do not suffice,⁴ as here, nor⁵ for hearing whom a man wishes to attorn in his
[030] place to gain or lose, where four are similarly necessary, as will be explained more
[031] fully below.⁶ The same is true

Notes

1. Infra 363 ff.

2. This portion belongs infra 119 at n. 2

3. Matt. 18:16

4. Supra 115, infra 124

5. ‘nec’

6. Infra 143, 144