Legal Definitions - de essonio de malo lecti

de essonio de malo lecti

Historically, de essonio de malo lecti refers to a legal order issued by a court to investigate whether a person's claim of severe illness, preventing their appearance in court, was genuine. In medieval legal systems, if an individual summoned to court declared they were too sick to attend—a declaration known as an "essoin" for "sickness of bed" (malum lecti)—the opposing party or the court itself might suspect the claim was false. This writ would then be issued, directing officials to physically verify the person's condition and determine if they were indeed bedridden and unable to travel.

• Example 1: In 14th-century England, Lord Ashworth was summoned to the King's Court to answer charges regarding a disputed land boundary with a neighboring baron. On the day of the hearing, Lord Ashworth's steward presented a formal declaration, stating that his master was gravely ill and confined to his bed, thus unable to appear. Suspecting Lord Ashworth was merely attempting to delay the proceedings, the opposing baron petitioned the court. The court then issued a writ of de essonio de malo lecti, dispatching royal officials to Lord Ashworth's estate to personally assess his health and confirm if his illness genuinely prevented his attendance.

  This example illustrates the term because Lord Ashworth claimed sickness to avoid court (an essoin), and the court, prompted by suspicion, issued a writ to verify the truthfulness of his bedridden state.

• Example 2: A wealthy merchant, Master Thomas, was being sued for breach of contract by a disgruntled client. When the time came for Master Thomas to present his defense before the local magistrate, his legal representative informed the court that Master Thomas had suddenly fallen gravely ill and was completely incapacitated, making it impossible for him to travel or participate. The magistrate, having heard similar excuses in the past, and noting the timing of the illness, decided to issue a de essonio de malo lecti. This writ commanded a local constable and a physician to visit Master Thomas's residence and provide an independent report on his actual physical condition.

  Here, Master Thomas used a claim of severe illness to avoid a court appearance. The magistrate's decision to issue the writ to confirm the legitimacy of his "sickness of bed" directly demonstrates the application of the legal term.