[64] “And by two Essoiners,” according to Cotton. and Dr. Milles’s MSS.
[65] Skene explains a languor by “a vehement sickness of body, or of mind.” (Reg. Maj. L. 1. c. 8.)
[66] The text is Homines. The Translator submits that it should be milites, a reading warranted by the latter part of this very writ; and authorised by the concurring testimony of Bracton, Fleta, Grand Custum. of Norm. &c. See also [chapter 28. of the present Book]—where, a similar object being in view, four Knights are directed to be sent.
[67] The Tenant, according to Dr. Milles’s MS.
[68] According to the Bodleian MS. it would stand, he (the Tenant) cannot recover, &c.
[69] “There is,” says the Regiam Majestatem, “another kind of Excuse or Essoin which is necessary, that is, when any one is essoined because he is beyond the water of Forth or of Spey; and, if this Essoin is found lawful, forty days shall be granted to him who is excused.” (Vide Reg. Maj. L. 1. c. 8.) The inconveniences resulting from the abuse of the Essoin in our text were remedied by West. 1. cap. 44. Vide Sir Edward Coke’s Comment. 2 Inst. 251.
[70] And, as this was founded upon a political obligation, it did not extend to excuse the Defendant, if in the service of any other person. (Bracton 336. b.)
[71] Servientes. This term was received in many different senses. Sometimes it meant, persons holding military rank—Sometimes, Vassals or Tenants only—Sometimes, Esquires. It is, in this latter sense, that Lord Littleton and Dr. Brady seem inclined to think it was more generally used (Litt. Hist. Hen. 2. Vol. 3. p. 87.) Mr. Selden, however, has, in his Treatise on Titles of Honor, proved, that there were some very material distinctions between the terms, and that they were far from being synonymous. Dr. Sullivan, when he meets with the word in a Law of the conqueror, explains it as meaning “the lower soldiers, not knighted, who had not yet got lands, but were quartered on the Abbies.” (Lectures on Laws of England, p. 266.) Sir John Skene interprets, what I presume is the same Term, as meaning domestic servants. (Reg. Maj. L. 1. c. 8.) This is, I apprehend, the true meaning of the text, notwithstanding that Servientes, when connected with the terms domini Regis, sometimes meant a particular description of officers, residing in every County, and possessed of an authority, perhaps, not altogether unlike that of Sheriffs or Coroners, after whom, they are enumerated by Bracton. (L. 3. Tr. 2. c. 32.)
[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.)
[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.)