Bracton: Thorne Edition: English. Volume 4, Page 75

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Volume 4, Page 75

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[001] ‘of beyond the sea of the Greeks,’ as where one has set out on a pilgrimage to the
[002] Holy Land. We must then distinguish whether in a simple pilgrimage to the Holy
[003] Land or in a general passage.¹ If in a simple pilgrimage, he will be given at least a
[004] complete year and a day; [To one essoined of beyond the sea and this side the sea
[005] of the Greeks at least forty days and one flood-tide and one ebb are given, and
[006] afterwards, when he comes into the realm, the essoin of difficulty in coming, which
[007] comprises at least fifteen days, and after that, where it lies, the essoin of bed-sickness,
[008] in a writ or right. Hence it seems to some that to one essoined of a pilgrimage
[009] to the Holy Land there ought to be given the year and a day of beyond the sea of
[010] the Greeks, and then the forty days and the one flood-tide and ebb of the simple
[011] essoin of beyond the sea, and the simple² essoin of difficulty in coming within the
[012] realm, and the essoin of bed-sickness when that is proper, which is not true, because
[013] each essoin has its own separate term.] if³ [in] a general passage, the plea will then
[014] remain without day,⁴ where, that is, the summons does not catch the essoinee within
[015] the realm, because of the privilege of crusaders, since no certain time for their
[016] return can be assumed, because of the words of the lord pope's decree, that until
[017] certain knowledge is had of their death or their return to the realm, let all their
[018] possessions remain intact and be in peace.⁵ The order of essoins, therefore, is this,
[019] that they may be cast in descending order from ‘Holy Land’ to ‘within the realm,’
[020] but not conversely, as where one has been essoined within the realm of difficulty in
[021] coming, he will never thereafter have one of beyond the sea, and if of beyond the
[022] sea simply, he will have none of the Holy Land. For persons may approach the
[023] realm when they are impleaded, but in nowise go further from it. There is also
[024] another kind of essoin, not of difficulty in coming but of the service of the lord king,⁶
[025] as where one is so detained by necessity in the service of the lord king that he cannot
[026] come to court; it is sometimes of the service of the lord king within the realm,
[027] sometimes of beyond the sea. An essoin of this kind sometimes precedes the simple
[028] essoin of difficulty in coming, sometimes follows it, [and may be cast] once or more
[029] often, depending on the need for remaining in the aforesaid service.⁷ It will be good
[030] as often as he essoins himself of the service of the lord king, provided he has his
[031] warrant on each day,⁸

Notes

1. Supra iii, 252, infra 76, 77; om: ‘Et sic’

2. ‘simplex,’ as infra 77

3. Om: ‘autem . . . et de,’ a connective

4. Infra 76

5. Infra 77

6. Infra 155

7. Infra 78

8. Supra 71, infra 78