Legal Definitions - essoin day

An essoin day was a historical term in English law, referring to the very first day of a court's session, or 'term.' On this specific day, the primary purpose of the court was to officially receive 'essoins' – which were formal, legally recognized excuses presented by individuals who were required to appear in court but could not do so, often due to illness, travel difficulties, or other legitimate reasons. It was a procedural mechanism to manage absences before the main legal proceedings of the term began. These dedicated days for receiving excuses were abolished in 1830.

• Example 1: Imagine a farmer named Thomas in 15th-century England who was summoned to court for a land dispute. Just before the new court term was to begin, Thomas fell gravely ill. On the designated essoin day, his wife or a representative would travel to the court to formally present his excuse (an essoin) for non-appearance, hoping the court would accept it and postpone his required attendance without penalty.

  This illustrates the essoin day as the specific time when a litigant's legitimate excuse for absence would be officially lodged with the court, preventing immediate default or penalty.

• Example 2: In a county court during the 17th century, the judge and clerks would dedicate the essoin day to reviewing all the submitted essoins. They would assess the validity of each excuse, record them, and adjust the court's schedule accordingly. This allowed them to manage the initial administrative burden of absences before moving on to hearing actual cases in the subsequent days of the term.

  This highlights the administrative role of the essoin day, showing it as a dedicated period for the court to process and acknowledge legitimate reasons for non-attendance before the main judicial work began.

• Example 3: After the Law Terms Act of 1830, the concept of an essoin day was eliminated. If a defendant in 19th-century England became ill and couldn't attend court on the first day of the term, they could no longer rely on a specific essoin day to present their excuse. Instead, they would need to follow new procedures, perhaps by petitioning the court directly or having their lawyer request a postponement, demonstrating a shift away from the old, formalized system of dedicated excuse-receiving days.

  This example demonstrates the historical context of the term by showing what changed after essoin days were abolished, emphasizing their former unique function in the legal calendar as a specific window for managing absences.