Legal Definitions - essoin de malo villae

Ession de malo villae is a historical legal procedure from medieval common law. It refers to a specific type of excused absence from court. If a defendant appeared in court on the initial day of proceedings but then became too ill to continue before formally entering a plea, they could invoke this procedure.

The defendant would dispatch two representatives, known as "essoiners," to inform the court that their absence was due to sickness in a particular village, making them unable to attend further hearings. This excuse was generally accepted by the court unless the opposing party, the plaintiff, could successfully demonstrate that the claim of illness was false.

• Example 1: A Land Dispute

  Imagine a medieval dispute over property boundaries between two landowners, Lord Alaric and Sir Kael. Lord Alaric, the defendant, appears in the King's Court on the first day to answer Sir Kael's claim. However, before he can formally present his defense, he falls gravely ill with a fever while residing at his manor in the village of Oakhaven, a day's journey from the court.

  Lord Alaric dispatches two of his trusted stewards to the court. They present an essoin de malo villae, explaining to the judge that their lord is incapacitated by sickness in Oakhaven and cannot attend. The court would likely grant a postponement based on this essoin, unless Sir Kael could prove Lord Alaric was not actually ill in Oakhaven.

• Example 2: A Debt Collection Case

  Consider a scenario where a merchant, Master Elara, is being sued by a supplier, Master Theron, for an unpaid debt. Master Elara attends the initial court session, acknowledging the summons. However, on her journey back to her home, she suffers a severe accident in the village of Stonebridge, breaking her leg and becoming bedridden there. This occurs before the next scheduled hearing where she was to formally respond to the debt claim.

  Master Elara sends two of her apprentices to the court. They deliver an essoin de malo villae, informing the court that Master Elara is confined by her injury in Stonebridge and is unable to appear. The court would typically accept this as a valid reason for her absence, postponing the proceedings until she could recover, unless Master Theron could demonstrate the claim was untrue.

• Example 3: Breach of Contract for Services

  A master builder, Thomas, is sued by a client, Lady Eleanor, for failing to complete a promised renovation on time. Thomas appears in court on the first day to hear Lady Eleanor's complaint. Before he can formally enter his plea or present his side of the story, he contracts a debilitating illness while visiting his ailing mother in the remote village of Willow Creek, making him too weak to travel or attend court.

  Thomas's brother and a fellow guildsman travel to the court to present an essoin de malo villae. They explain that Thomas is gravely ill in Willow Creek and cannot fulfill his court obligations. The court would usually accept this excuse, granting a delay, unless Lady Eleanor could provide evidence that Thomas was not genuinely ill in Willow Creek.