[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.)
[75] It should rather seem that in Bracton’s time the Summoners only would be amerced. (Bracton 336. a.)
[76] Because, says Bracton, the County Court has for this purpose a Record (Bracton 336. a.) The force of Bracton’s remark will be seen in the sequel.
[77] Tam in civili negotio, quam criminali. (Bracton 336. a.)
[78] There is in the original a marginal reference to the 44th, for the 45th, chap. of West. the 1st.
[79] “Rectatus,” ad rectum vocatus. (Spelm. Glossar. ad voc.) Rectum not unfrequently meant an accusation.
[80] Misericordia, a fine arbitrarily imposed upon offenders, and so called, says Spelman, quod lenissima imponitur misericordia, heavy fines being contradistinguished by the significant term, redemptiones. (Gloss. ad voc. see also Co. Litt. 126. b. and Madox’s Excheq. c. 14.) In our progress through Glanville, we meet with the misericordia—misericordia domini—misericordia vicecomitis, and misericordia domini regis—Vide Infra. [L. 9]. [c. 11]. et not.
[81] Custum. Sir Edward Coke, in his Commentary on the Statute of Gloucester, observes, that “before that Statute at the common Law, no man recovered any costs of suit, either in Plea real, personal, or mixt:” and again, “this Statute was the first that gave costs,” (2 Inst. 288.) In support of this position, he cites the present chapter of our author. It is extremely difficult to discover, how this chapter corroborates Lord Coke’s position. Our author merely recites the opposite and floating opinions of others, and drops the subject, without giving any thing like an opinion of his own. Lord Coke’s doctrine may be correct; but, assuredly, Glanville cannot be cited as one of the authorities, on which that doctrine is built.
[82] Upon the word Appeal, as designating a criminal proceeding, it will suffice to refer those readers not connected with the profession to 4 Black. Comm. p. 312. et seq.
[83] “After the verification of his Essoins,” says the Regiam Majestatem, “he shall have fifteen days for vising and seeing of the Ground or Land,” (Reg. Maj. L. 1. c. 9.)