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.
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.
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.