Essoins Act 1267 (c.13)

by the English Parliament

Statutes made at Marlborough, alias Marleberge, 18 Novemb. Anno 52 HEN. III. and Anno Dom. 1267.

Essoins Act 1267

1267 (52 Hen. 3) C A P. XIII.

IN the Year of Grace, One thousand two hundred sixty seven, the two and fiftieth Year of the Reign of King HENRY, Son of King JOHN, in the Utas of St. Martin, the said King our Lord providing for the better Estate of his Realm of England, and for the more speedy Ministration of Justice, as belongeth to the Office of a King, the more discreet Men of the Realm being called together, as well of the higher as of the lower Estate: It was provided, agreed, and ordained, that whereas the Realm of England of late had been disquieted with manifold Troubles and Dissensions; for Reformation whereof Statutes and Laws be right necessary, whereby the Peace and Tranquillity of the People*2 must be observed:Wherein the King, intending to devise convenient Remedy, hath made these Acts, Ordinances, and Statutes underwritten, which he willeth to be observed for ever firmly and inviolably of all his Subjects, as well high as low.

After Issue joined there shall be but one Essoin, or one Default.

AND it is to be known, after that a Man hath put himself upon any Enquest, the which hath or must pass in such manner of Writs, he shall have but one Essoin, or one Default; so that if he come not at the Day given to him by the Essoin, or make Default the second Day, then the Enquest shall be taken by his Default, and according to the same Enquest they shall proceed to Judgement.

(2) And if such Enquest be taken in the County, before the Sheriff or Coronets, it shall be returned unto the King's Justices at a certain Day; and if the Party Defendant come not at that Day, then, upon his Default, another Day shall be assigned to him after the Discretion of the Justices; and it shall be commanded to the Sheriff, that^[1] be cause him to come to hear the Judgement, if he will, according to the Enquest; at which Day, if he come not, upon his Default they shall proceed to Judgement. In like manner it shall be done, if he come not at the Day given unto him by his Essoin.'

Fitz. Essoin, 21, 33, 34, 38, 100, 130, 139.

2 Inst. 120. Godbelt 236. pl. 327. Salk. 216.

See c. 20. and 3 Ed. 1. c. 42, 43, 44. 6 Ed. 1. c. 8 & 10. 13 Ed. 1. stat. 1. c. 17, 27 & 28. 12 Ed. 2. stat. 2. 5 Ed. 3. c. 6. 9 Ed. 3. c. 3. for farther Regulations of Essoins.

Note : this act is listed in the Chronological Table of Statutes as the Essoins Act, 1267

1. For that be cause him to come, read that be cause him to come at that Day.