Bracton: Thorne Edition: English. Volume 4, Page 99

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Volume 4, Page 99

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[001] if it is objected that¹ a fine was made between the parties' ancestors, and in other
[002] similar ways, where by consent of the tenant a descent is made in the writ of right
[003] to a jury. ²Conversely, in writs of entry in which at first nothing but a single essoin
[004] of difficulty in coming lay, an essoin of bed-sickness sometimes arises by the narratio,
[005] because suppose that both demandant and tenant cease to speak of entry [and
[006] begin to speak] of the right and the property, from which, as often happens, the
[007] grand assise or the duel emerge and³ another form of process, entry being put aside,
[008] which rarely occurs except with the consent of the parties; the tenant may essoin
[009] himself of difficulty in coming, and immediately thereafter of bed-sickness. ⁴This
[010] arises from the narratio of the right rather than by force of the original writ, and
[011] seems at first sight to be contrary to the statement that essoins are to be judged
[012] according to original writs and arise from them. To which it may be answered that
[013] as long as the original writ stood in its force, only a single essoin followed, but afterwards,
[014] [when] by the narratio and the consent of the parties, it no longer continued,
[015] changed by the narratio into an action on the right, the matter must proceed as
[016] though it had from the beginning proceeded writ of right, and the essoin of bed-sickness
[017] arises. [Of the matters discussed here mention is made above [in the portion]
[018] on the writ of entry,⁵ but repeated here that it may be supplemented.]

How essoins of difficulty in coming ought to be enrolled; of service of the lord king.

[020] Because the enrolment of essoins is made in different ways according to the diversity
[021] of writs and pleas, for the instruction of the lesser clerks⁶ something must be
[022] said of enrolment. [But because something was said above of the manner of enrolment
[023] in the case of those who have set out on a pilgrimage beyond the sea, whether
[024] to the Holy Land for a general passage or for a simple pilgrimage, whether this side
[025] the sea of the Greeks in a pilgrimage to St. James or elsewhere, there will therefore
[026] be no need to repeat here the manner of [enrolling essoins] of such pilgrimages.]⁷
[027] [If it is an essoin] of the service of the lord king, as follows: ‘A. of N. who is in the
[028] service of the lord king beyond (or ‘this side’) the sea, [is essoined] against such a
[029] one with respect to such a plea by such a one.’ In this case the plea may be postponed
[030] as long as the essoinee is in the service of the lord king, provided that he has
[031] his warrant at hand on each day, the lord king's writ.

Of the enrolment of the simple essoin of difficulty in coming.

[033] If⁸ of difficulty in coming, one against

Notes

1. ‘quod’

2. New sentence

3. ‘et’

4. New sentence

5. Supra 43, 45, 91, infra 108

6. Supra ii, 19

7. Supra 77

8. Om: ‘quis . . . essonio’