Note 46 — Book I.

Essonium, an Excuse. Sir Edward Coke derives the term from the French verb essonier or exonier. He tells us, it is all one with what the civilians call excusatio. Sir Henry Spelman mentions the same derivation, and adds, ex, privativum, soing, cura. The Greek word ἐξὸμνυσθαι has been proposed as another derivation, implying an excuse by means of an oath. The term occurs so early as the Assizes of Jerusalem, (c. 58.) So limited is the doctrine of Essoins in the present day, that it will here suffice to observe, there were five principal kinds in the reign of Henry the second; I say principal, because there were necessarily many others of less importance. These, as enumerated by Sir Edward Coke, were; 1. de servitio Regis. 2. In terram sanctam. 3. Ultra mare. 4. De malo lecti. 5. De malo veniendi; the two last being the same as those ex infirmitate de reseantisâ and ex infirmitate veniendi, so frequently mentioned by our author, in the present book. Essoins are said to have been derived to us from the Normans. (Vide Assises of Jerusalem, c. 58. le Grand Custum. de Norm. sparsim. Bracton 336. b. et seq. Fleta L. 6. c. 7. Mirror, 117. et seq. 2 Inst. 125. Spelm. Cowell. Les termes de la ley, &c. &c.)