Jurisdictions, Part 142
Over the Sea, and the Kings Service.
FOrteſcue ſaith, where the party hath an Attorney in Court, he ſhall not be eſſoyned of being beyond Sea; therefore not of the Kings Service: 19 H. 6. f. 57.
2 Ed. 4. fol. 18. At the ſmall Cape againſt the Husband and Wife, the Husband was eſſoyned of the Kings Service, notwithſtanding that he had an Attorney not eſſoyned, for the Attorney ſhall not be eſſoyned of this Eſſoyn.
Britton, fol. 281. Our Service as being in Our power, and the defence of Us, and of Our People, and of Our Realme.
35 H. 6. f. 1. Where one eſſoyned of the Kings Service, and hath a Day to bring that in, he ought to bring that in, under the great Seal of the King, and not the privy Seal.
19 H. 6. f. 50. If one be the Kings Carver, he ſhall not be eſſoyned of the Kings Service; and yet the Woman which is Landerer, or Nurſe, ſhall be eſſoyned of the Kings Service.
4 H. 6. f. 8. One effoyned of the Kings Service, which is under Bail, and cannot, for by the Bail he is intended in Priſon, and by the Eſſoyn at large.
10 H. 4. f. 6. Quareimpedit, Eſſoyn of the Kings Service is not allowable for the miſchief of Lapps, 27. H. 6. fol. 1. the ſame.
12 H. 4. fol. 24. Where one is eſſoyned of the Kings Service, the name of the Eſſoyner ſhall be put in, for if his Maſter do not bring in his Warrant, Deceit lies againſt him and his Maſter.
Fitzh. 17. H. If one be eſſoyned of the Kings Service, and at the Day he doth not bring in his Warrant, he ſhall looſe twenty ſhillings, &c. by Gloceſter, chap. 8. and further ſhall be in the Mercy, and it ſhall be allowed. See 45 Ed. 3. f. 24.
44 Ed. 3. f. 5. Eſſoyn of the Kings Service, doth not lie in a Writ of Dower.
22 Ed. 3. f. 10. At the Venire facias returned, the Defendant puts the word without Day by Protection, and at the re-ſummons he was eſſoyned of the Kings Service, and had it.
27 Ed. 3. f. 81. In Replevin, the Avowant was eſſoyned of the Kings Service, and for that, that he doth not bring in his Warrant of that, he ſhall loſe twenty ſhillings for the Journey, and not Damages, nor any other thing.
29 Ed. 3. f. 17. At the Diſtringas, one was eſſoyned of the Kings Service, and at the Day did not bring in his VVarrant and came not, by which by Award he loſt his Iſſues returned upon him, that is, five and twenty ſhil…ings, and the Plaintiff hath for the delay forty ſhillings.
29 Ed. 3. f. 46. After Iſsue in Treſpaſs, the defendant is eſsoyned of the Kings Service, and at the day fails of his VVarrant, and by Award he ſhall recover damages by the Statute to twenty ſhillings, and further 20. ſhillings, by diſcretion of the Court, and the Inqueſt taken by default, 2 Ed. 4. f. 16.
19 H. 6. f. 51. In Replevin, at the Habeas corpora Juratorum, the Plaintiff was eſsoyned of the Kings Service, the Eſsoyner was ſworn, and had it.
Fitzh. 29. C. If a man be eſsoyned of the Kings Service, the Plaintiff may have a ſpecial VVrit; if he be not in the Kings Service, to diſallow the Eſsoyn.
4. Book of Aſſ. 3. Attaint is laid, at the next day, after the firſt day, and qua…ht, and in Juris utrum it doth not lie after Appearance.
4. Book of Aſsiſe 2. Attaint after Appearance, the Deſendant is eſſoyned of the Kings Service.
29. Book of Aſſ. 25. Attaint after Appearance, the Plaintiff caſts the Eſſoyn, and was quaſht, that is a common Eſſoyn.
19. Aſſ. 15. Eſſoyn is out after Iſſue in Attaint by the Statute.
18 Ed. 4. f. 8. Attaint, the Tenant at the Summons was eſſoyned, and at the Day of Adjournement made Default, and the Attaint was awarded by his Default; and if at the Summons one be eſſoyned, and at the Day make Default, there ſhall go a grand Cape, and not a ſmall Cape, for he doth not appear.
30 H. 6. fol. 1. Aſſiſe in common Bench, returnable the Monday after Octabis, and the Plaintiff was eſſoyned in Octav. and the Court allowed that, and it ſhall be before parties are demanded; and it ſeems that Eſſoyn in Aſſiſe ſhall be entered in the Roll of Aſſiſe, and the Roll of Eſſoyn, this is for Eſſoyn of Common Pleas.
1 H. 7. fol. 21. Eſſoyn is good, though it be not in the Roll of the Plea, but in the Roll of the Eſſoyn.
10 H. 6. fol. 23. Aſſiſe by two, and one makes Default, and ſo Summons to proſecute together at the next Aſſiſes, at which day he that made default is Eſſoined, and it doth not lye, but is ſevered by award.
14 H. 6. fol. 23. Entry in nature of Aſſiſe, the Tenant was Eſsoined, and it was Adjourned, and it is not like to an Aſſiſe, for after appearance, there lies no Eſsoin.