Simple English definitions for legal terms
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Term: ESSOINDE MALO VILLAE
Definition: Essoin de malo villae is a historical legal procedure where a defendant who was present in court on the first day but fell ill without pleading would send two representatives to the court to explain that the defendant was unable to attend due to sickness in a particular village. This excuse would be accepted unless the plaintiff could prove it was false.
Definition: Essoin de malo villae (dee mal-oh vil-ee) is a historical legal procedure used by a defendant who was present in court on the first day but became ill and unable to plead. The defendant would send two essoiners to the court to state that they were detained by sickness in a particular village and unable to attend. This essoin would be accepted unless the plaintiff could prove it was false.
Example: In medieval England, a defendant who was too sick to attend court could use essoin de malo villae to delay the proceedings. For example, if a farmer was sued for not paying rent, but fell ill before the trial, he could send two messengers to the court to explain that he was too sick to attend and was being cared for in a nearby village. If the plaintiff could not prove that the farmer was lying, the trial would be postponed until the farmer recovered.
Explanation: This example illustrates how essoin de malo villae was used in medieval England to delay legal proceedings when a defendant was too sick to attend court. The defendant would send two messengers to the court to explain their absence and provide a reason for their illness. If the plaintiff could not prove that the defendant was lying, the trial would be postponed until the defendant recovered.