1. An excuse for not appearing in court on an appointed day in obedience to a summons.
2. The offering or presentation of such an excuse. — Also spelled essoign.
“The first return-day of every term, properly speaking, is the first day of that term; and on that day the court used formerly to sit … to hear the essoigns, or excuses, of such as did not appear according to the summons of the writ. This day therefore came to be called the essoign-day of the term.” 1 George Crompton, Practice Common-Placed: Rules and Cases of Practice in the Courts of King’s Bench and Common Pleas liv (3d ed. 1787).
essoin, vb. [fr. Old French essoi(g)nier “to excuse”] Hist. To present an excuse for not appearing in court as ordered.
“Upon the summons, the defendant either appeared, or essoigned, or made default. If he did the former, the plaintiff declared against him, and the cause was proceeded in by the court; and if he did the latter, the plaintiff had liberty to take out further process against him. But if he essoigned, that is, sent an excuse to the court why he could not attend, he was to send it by the return day of the writ which if he did, a further process did not issue against him.” 1 George Crompton, Practice Common-Placed: Rules and Cases of Practice in the Courts of King’s Bench and Common Pleas liv (3d ed. 1787).
