[Footnote 72: _Respectus, pro mora, dilatione vel continuatione
temporis._ In this sense, the term frequently occurs in our old law
books. (Vide Reg. Maj. L. 4. c. 20. and Spelm. Gloss. ad voc.) There
is in the Register a writ _respectu computi vicecomitis habendo_, for
the respiting a Sheriff’s accounts. There was also _respectus Homagii_,
delaying of Homage. (See Cowell ad voc.)]
[Footnote 73: _Terminum._ “In the Civil Law,” says Spelman, “it
signifieth a day set to the Defendant, and in that sense doth Bracton,
Glanville, and some others sometimes use it.” (Reliquiæ Spelmannianæ p.
71.)]
CHAP. XXVIII.
It may also happen, that a party is essoined in Court, on account of
some indisposition by which he is confined in the same Town where the
Court is sitting, having arrived there to prosecute his plea. In this
case, let the Court direct, that he appear on the morrow; and thus
let him be awaited during three successive days—and for this cause,
he shall have a delay of three successive days. If, on the third day,
he then so essoin himself, then four Knights should be directed by
the Court to attend him for the purpose of ascertaining, whether he
is in such a state as to be able to make his appearance in Court, or
not; and, should they be of opinion that he is able, then, they should
command him, to attend in Court, and do that which he ought. But, if
they should think him unable, and should testify this to the Court,
then shall a reasonable time, a delay of fifteen days at the least, be
allowed him.
CHAP. XXIX.
There is also another Essoin, which is sometimes presented in Court—I
allude to that, _de esse in peregrinatione_. But here a distinction
must be made, whether the party who would thus essoin himself was
impleaded before he undertook his Voyage, or not. Because, in the
former case, the course of the Court and the order of Justice shall
be observed. But, if he was not summoned previously to his beginning
his Travels, then again it must be distinguished whether he went to
Jerusalem, or to another place. If to the former place, then a year and
a day, at least, is generally allowed him; but with respect to other
Travels, the time allowed must be regulated by the Will and pleasure
of the King, or his Justices, who, keeping in view the length or
shortness of the Journey, are to temper the Rule as they may think
proper.[74]
[Footnote 74: The Regiam Majestatem lays down the doctrine of Essoins,
nearly word for word with Glanville: but adds one species of Essoin not
taken notice of by our author—the being absent at a public fair. (L. 1.
c. 8.)]
CHAP. XXX.
In the Writ directed to the Sheriff, for the purpose of summoning the
party, there is the following clause inserted, “and have there the
summoners and this Writ.”
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