Bracton: Thorne Edition: English. Volume 2, Page 382

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Volume 2, Page 382

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[001] variance is here permitted. ¹[as] where the kinsmen produced are not kinsmen of the
[002] dead man but strangers,² or if kinsmen are produced, they are [only] on the father's
[003] side, when some ought to be produced on the mother's side, and conversely, [or]
[004] where, though all ought to be produced from one side they are produced from both
[005] sides, [or] where, though several ought to be produced fewer are produced, and
[006] conversely. Thus englishry is not valid if there is variance or defect. And since in
[007] different counties it is presented in different ways, inquiry as to the custom in
[008] presenting englishry must be made at the start in every eyre.

Where evildoers fly to a church: how they ought to abjure the realm if they confess theft and felony.

[010] There are some who when they ought to be arrested flee to a church or other
[011] sacred or privileged place and maintain themselves there. They then have no
[012] alternative but to come to the king's peace and stand trial if anyone wishes to
[013] proceed against them or to confess the crime because of which they remain there.
[014] He will thus have his choice, [If after confessing the crime he chooses to abjure the
[015] realm, he must select some port from which he can cross to another land, beyond the
[016] realm of England, for he is not bound to abjure the land and jurisdiction of the king
[017] in those precise terms but only the realm of England. A reasonable number of days'
[018] journeys to the said port ought to be reckoned for him and he ought to be forbidden
[019] to leave the king's highway, or to make stay in any one place for two nights together,
[020] or to turn aside anywhere, or stray far from the highway except because of great
[021] necessity or to seek shelter. Let him always keep on the direct road to the port so as
[022] to be there on the day assigned him, and, provided he is not hindered by a storm,
[023] cross as soon as he gets a ship and a wind.³ If he does anything to the contrary he
[024] will be in peril. The form of the oath is this:

Of the oath: how he ought to abjure the realm.

[026] ‘Hear this, ye justices (or ‘O ye coroners’), that I will go forth from the realm of
[027] England and hither I will not return save by leave of the lord king or his heirs, so
[028] help me God etc.’⁴ And in taking the oath let no mention be made of any impediment.
[029] But what if he refuses to select a port, for without port and sea he may
[030] still depart to another kingdom. It may then, not unfittingly, be said, where it is said
[031] that he chooses a port,

Notes

1. Continued from 381, n. 4

2. The sentence supra 381, n. 8, belongs here

3. Leg. Edw. Confess., 18.2: Liebermann, i, 644: mox transfretaturos quam cito navem habuerint et ventum’

4. Supra i, 83, n. 2; St. of the Realm, i, 250