(verb) – In old English practice. To present or offer an excuse for not appearing in court on an appointed day in obedience to a summons; to cast an essoin. Spelman. This was anciently done by a person whom the party sent for that purpose, called an “essoiner.”
(noun) – In old English law. An excuse for not appearing in court at the return of the process. Presentation of such excuse. Spelman; 1 Sel. Pr. 4; Com. Dig. “Exoine,” B 1. Essoin is not now allowed at all in personal actions. 2 Term, 16; 16 East, la; 3 Bl. Comm. 278, note. Essoin day. Formerly the first general return-day of the term, on which the courts sat to receive essoins, i.e., excuses for parties who did not appear in court, according to the summons of writs. 3 Bl. Comm. 278; Boote, Suit at Law, 130; Gilb. Com. PI. 13; 1 Tidd, Pr. 107. But, by St. 11 Geo. IV. and 1 Wm. IV. c. 70, s 6, these days were done away with, as a part of the term. Essoin de malo villae is when the defendant is in court the first day; but gone without pleading, and being afterwards surprised by sickness, etc.. cannot attend, but sends two essoiners, who openly protest in court that he is detained by sickness in such a village, that he cannot come pro luorari and pro perdere; and this will be admitted, for it lieth on the plaintiff to prove whether the essoin is true or not. Jacob. Essoin roll. A roll upon which essoins were formerly entered, together with the day to which they were adjourned. Boote, Suit at Law, 130; Rose. Real Act. 162, 163; Gilb. Com. PI. 13.