Bracton: Thorne Edition: English. Volume 4, Page 78

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Volume 4, Page 78

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[001] one ought to transfer himself to parts beyond the sea in order so to acquire further
[002] delays, since suits are to be restrained rather than extended.¹ And so if one is essoined
[003] simply ‘of beyond the sea,’ without any addition, though the essoin of the
[004] Holy Land would lie for him, it will never afterwards be allowed him, because after
[005] he has so essoined himself, at a certain place not far away, he ought not to transfer
[006] himself to more remote parts in order to acquire further delays. A plea shall never
[007] remain sine die for any essoin of beyond the sea unless one has set out for the Holy
[008] Land [in] a general passage.]²

Essoins of the service of the lord king of this side the sea.

[010] Essoins of difficulty in coming of this side the sea are simple, but sometimes essoins
[011] of this side the sea arise³ which are not essoins of difficulty in coming because the
[012] essoinee is not taken ill on the way, while coming to court, but detained by the service
[013] of the lord king so that he cannot come. They may⁴ precede and follow such
[014] essoins,⁵ not once but more often,⁶ as long as he is in the service of the lord king,
[015] provided that on each day he has his warrant at hand.⁷ [Subject to the distinction
[016] noted above,⁸ when one essoins himself of service of the lord king the essoin ought
[017] to be admitted and allowed and a day given since the will of the lord king must
[018] not be questioned.]⁹ If on the day given he does not have his warrant, he will remain
[019] undefended.

Pleas specially excepted, in which the essoin of the service of the lord king does not lie.

[021] There are, however, certain specially excepted pleas in which the essoin of service
[022] of the lord king does not lie, because of necessity, as in the assise of darrein presentment,
[023] as [in the roll] of Trinity term in the fourteenth year of king Henry at the end
[024] of the roll, in the county of Suffolk, an assise of darrein presentment concerning the
[025] church of Great Thurlow.¹⁰ [To the same intent in the roll of the Bench in the thirty-seventh
[026] year of king Henry in the county of Kent, between Boniface, archbishop of
[027] Canterbury, and Robert St. John, concerning the church of Eyneford.]¹¹ The time
[028] limitation makes this necessary. Sometimes the essoin of service of the lord king
[029] does not lie because of favour, as in the case of dower, because if, immediately after
[030] the lawful essoins of difficulty in coming, the person summoned does not appear,
[031] proceedings are taken to default. Also, sometimes and according to some, because
[032] of the favour shown to minors, as

Notes

1. Drogheda, 127

2. Supra 76

3. ‘procedunt essonia’; om: ‘essonia de servitio domini regis’

4. ‘poterunt’

5. ‘essonia’

6. Supra 75

7. Supra 71, 75

8. Supra 71, 76

9. Supra 71, infra 79, 158; belongs at the beginning of next section

10. B.N.B., no. 427; C.R.R., xiv, no. 456 (sidelined)

11. Not in B.N.B.; Br's second appointment to the court coram page was in July 1253