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[001] ‘languors,’ which ought not to be.1 That is why2 when one of several is essoined of
[002] bed-sickness, essoins of bed-sickness will cease completely in the persons of the
[003] others until it is known whether he has ‘languor’ or a passing illness, because of the
[004] inconvenience mentioned above; and if he has ‘languor,’ all essoins of bed-sickness
[005] will cease as to the others.

Sometimes an essoin of bed-sickness is turned into an essoin of difficulty in coming of necessity and by counsel of the court.


[007] But suppose that when one of several is essoined of bed-sickness, the other,3 when he
[008] has a day by his essoiner, causes himself to be essoined of bed-sickness de facto. Judgment
[009] of the essoin will be in suspense until the fourth day. If the four knights come
[010] and attest the view and that they gave him ‘languor,’ then, lest the absentee
[011] be altogether undefended, aid is given him by counsel of the court, of necessity,
[012] [and] the essoin of bed-sickness turned into an essoin of difficulty in coming,4 [Suppose
[013] that on the day given by their essoiners,5 a loveday is taken between the parties;
[014] since both appear on that day an essoin of difficulty in coming will follow;6 if [one]
[015] essoins himself of bed-sickness it may be turned into an essoin of difficulty in coming,
[016] as above, as may be done whenever an essoin of difficulty in coming lies; but if none
[017] lies he will be in default. An essoin of difficulty in coming will never be turned into
[018] an essoin of bed-sickness.]7 so that he will have two essoins, one after the other,
[019] without making an appearance. If they give him passing illness, the second essoin of
[020] bed-sickness will then be good in the person of the other essoinee. If the four knights
[021] do not come within the fourth day, nor the first essoinee, then in the same way, and
[022] by reason of the same necessity, the essoin of bed-sickness is turned into an essoin of
[023] difficulty in coming, until it can be ascertained whether the first essoinee of bed-sickness
[024] has ‘languor’ or not. And on all subsequent days it will be as aforesaid,
[025] depending on what is attested by the four knights. When one of several has ‘languor,’
[026] all essoins of bed-sickness cease thereafter in that whole plea, whether the tenants
[027] vouch a warrantor or not.8 But if partition has been made of the common inheritance
[028] among several co-heirs, so that each ought to answer for his part, at the beginning of
[029] the suit, before all have appeared together, each may have an essoin of bed-sickness
[030] by himself and each ‘languor,’ so that there may be several ‘languors’ after the division
[031] of an inheritance,9 as [in the roll] of Michaelmas term in the ninth and the beginning
[032] of the tenth years of king Henry in the county of Suffolk, [the case] of Salomon of



Notes

1. Infra 103, 114, 141

2. ‘Ideo’

3. ‘alius,’ and singular throughout

4. Marked additional in OC, MG and inserted after ‘casu,’ infra 95 line 3; belongs on 95

5. ‘essoniatores suos’

6. Supra 84

7. Infra 108

8. ‘cum . . . sine non,’ from lines 22-4; infra 96-7, 141

9. Supra 83


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