Legal Definitions - essoiner

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Definition of essoiner

An essoiner was, in historical legal contexts, an individual appointed to present an official excuse (known as an "essoin") to a court on behalf of someone who was unable to appear in person.

In medieval legal systems, if a party involved in a lawsuit could not attend court due to a legitimate reason—such as illness, being on royal service, or unavoidable travel delays—they could send an essoiner. This representative would formally explain the absence to the court and request a postponement of the proceedings.

  • Example 1: Imagine a knight, Sir Kaelan, who was a party in a property dispute. On the day he was due in court, he received an urgent summons from the King to join a military campaign. Unable to appear himself, Sir Kaelan would appoint his trusted squire to act as his essoiner. The squire would then attend court and formally present Sir Kaelan's royal summons as a valid excuse for his absence, requesting the judge to adjourn the case until Sir Kaelan's return from military duty. This illustrates an essoiner presenting an excuse based on public service.

  • Example 2: Lady Beatrice was a litigant in a complex inheritance case. The morning of her scheduled court appearance, she suffered a sudden, severe illness that left her incapacitated and unable to travel. To avoid defaulting on her case, she would send her household steward to the court. The steward, acting as her essoiner, would formally inform the judge of Lady Beatrice's grave illness and request a postponement, perhaps offering an oath or a physician's note to substantiate the claim. This demonstrates an essoiner excusing a party due to personal incapacity.

  • Example 3: A merchant, Master Elara, was expected in court to defend against a debt claim. However, her ship, carrying vital documents and funds, encountered an unexpected and prolonged storm at sea, delaying its arrival and preventing Master Elara from reaching the court on time. She dispatched her apprentice to the courthouse. The apprentice, serving as an essoiner, would explain the unforeseen maritime delay to the court, seeking a postponement until Master Elara and her ship could safely arrive. This shows an essoiner presenting an excuse related to unavoidable external circumstances.

Simple Definition

Historically, an essoiner was an individual who presented an "essoin" to a court. This person would offer a legitimate excuse, such as illness, for someone's absence from a legal proceeding, thereby requesting a postponement on their behalf.

A lawyer is a person who writes a 10,000-word document and calls it a 'brief'.

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