Bracton: Thorne Edition: English. Volume 4, Page 79

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Volume 4, Page 79

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[001] in the assise of mortdancestor. Sometimes because of the odium connected with
[002] spoliation, and generally in all assises where, since the absence of the person summoned
[003] is as effective as his presence, it may be taken by default. It does not lie de
[004] jure, though sometimes it may of grace, in the person of one who is not directly in
[005] service with the lord king himself but with another.¹ Nor in the person of one who
[006] contrives to be in his service though he is not required to be.² Nor in the person of
[007] one who is continually and constantly in the service of the lord king, only at such
[008] times as such persons are on an expedition. Nor does it lie in the person of an attorney,
[009] though he represents the person of his lord, because only a man who can and
[010] will sue ought to be made an attorney; if he cannot let him who chose such attorney
[011] blame himself. Nor does the essoin of service of the lord king lie in the person of one
[012] who cannot be a party to a judicial proceeding, as in the person of jurors, nor does
[013] any other essoin. Nor does it lie in the persons of the four knights sent to view the
[014] condition of someone and attest their view.³ But of the four knights sent on behalf
[015] of the country with its record to hear their judgment, I think something other must
[016] be said, since they are, so to speak, parties in judgment. The warrant of service of
[017] the lord king is not [to be granted] in every case, nor without reasonable cause,
[018] since, if it is granted generally and indifferently it may turn to the prejudice of
[019] another.⁴ The king may not do⁵ anything except what may be done de jure.⁶ [But]
[020] when it is once granted of the king's will it must not be simply quashed by the justices,
[021] but the express will of the king must be awaited.⁷

If one is impleaded by two and essoins himself of bed-sickness in one plea and of difficulty in coming in the other.

[023] There is also the simple essoin of difficulty in coming, which excuses for a time, and⁸
[024] whose nature differs in many respects from the essoins noted above, as where one⁹
[025] lawfully (or even unlawfully) summoned falls ill by the way so that he cannot come
[026] and appoints someone to excuse his absence. Let him put forward his essoin before
[027] the justices, if he is requested in the usual way, and say: ‘I essoin such a one, my
[028] lord, because when he was upon the journey to court such an illness befell him by
[029] the way that he cannot come, neither to win nor to lose, and this I am prepared to
[030] show as the court may decide etc.’¹⁰ If on being asked he says that he left his master
[031] at home, the essoin (according to some) will not be allowed, except

Notes

1. Supra 71, 76

2. Supra 71, 76, infra 157

3. ‘ad videndum statum alicuius et ad testificandum visum suum,’ as infra 115, 116

4. Supra 76

5. ‘Non potest rex’

6. Supra ii, 305

7. Supra ii, 109, iv, 71, 78, infra 158-9

8. ‘et’

9. ‘ut si quis’

10. Supra 73