ESSOIN ROLL

4 definitions found across Law Mind sources

ESSOIN ROLLAuthored
The Law Mind • 798 words
Definition
An essoin roll was an official court record used in English common law practice on which essoins — formal excuses for a party's absence from court — were entered, together with the date to which the matter was adjourned as a result. When a litigant failed to appear on a court day and sent a recognized legal excuse in their place, that excuse was recorded on the essoin roll along with the new date assigned for the party's required attendance or further proceedings. The roll served both as a register of absences and as an administrative tracking document for pending matters awaiting a party's appearance.
Common Confusion
ESSOIN ROLL vs. ESSOIN: These terms are closely related but distinct. An essoin is the excuse itself — the formal plea of absence — while the essoin roll is the documentary record on which essoins were inscribed. Researchers encountering either term in historical sources should be careful not to treat them as interchangeable. Understanding the essoin roll requires first understanding the essoin procedure of which it was a part.
Why It Matters in Research
The essoin roll is an archival and procedural artifact of medieval and early modern English common law courts, particularly the common pleas. It will not appear in modern legal sources because the procedure it served was abolished long before codified civil procedure replaced the old forms of action. Researchers working with pre-nineteenth-century English court records, Year Books, or early treatises on real actions will encounter references to the essoin roll as a live procedural instrument. By the time of the reforms associated with the Common Law Procedure Acts of the mid-nineteenth century, the essoin system had effectively passed out of use, and with it the roll. For corpus researchers, the essoin roll appears most naturally in sources treating real actions — suits involving land — because essoins were particularly associated with that branch of practice. The sources cited across the historical dictionaries (Roscoe's Real Actions, Gilb. Common Pleas, Boote's Suit at Law) are all treatises on the old real action practice, which signals clearly where this term lives in the literature. A researcher following citations in Black's or Burrill's to these treatises will find substantive procedural context that the dictionary entries themselves compress considerably. The term also surfaces in discussions of early English court administration and record-keeping. The essoin roll is one of several named rolls — alongside the plea roll, the fine roll, and others — that structured the documentary output of the medieval common law courts. Historians of English legal institutions treat these rolls as primary sources; legal historians working on the relationship between procedure and substantive law in land disputes will find the essoin roll relevant to understanding how delays and adjournments functioned in the real action system. One research trap: the word "roll" itself signals archival form, not just content. These were literal parchment rolls, and references to them in treatises may point toward manuscript sources held in institutional archives rather than printed law reports. Researchers crossing from legal history into archival history should be prepared for that transition.
Historical Dictionary Support
All four source dictionaries define the essoin roll in essentially identical terms: a roll on which essoins were entered together with the day of adjournment. The agreement is complete, which reflects the fact that this is a narrow, well-settled historical term with no contested meaning and no jurisdictional variation in English practice. Burrill's entry is the most fully cited, referencing Boote's Suit at Law, Roscoe's Real Actions, Gilbert's Common Pleas, and Coke's Entries — a more complete scholarly apparatus than the other dictionaries provide. Black's and Rapalje & Lawrence track Burrill's citations closely. Bouvier's is the most compressed, citing only Roscoe. None of the four dictionaries explains the underlying essoin procedure in depth within the essoin roll entry itself; each assumes familiarity with essoins generally. This is a consistent gap. A researcher who encounters "essoin roll" without already knowing what an essoin is will need to consult the separate ESSOIN entry before the roll entry becomes fully intelligible.
Encyclopedia Cross-Reference
See Law Mind Encyclopedia: Essoins and Excuses for Non-Appearance; Common Law Court Records and Rolls; Real Actions in English Common Law
Related Terms
Essoin — the formal excuse for absence that the roll recorded Essoiner — the person who delivered or vouched the excuse Common pleas — the court most closely associated with essoin practice in real actions Real actions — the category of litigation in which essoins were most heavily used Plea roll — companion court record documenting the substantive pleadings Continuance — the functional modern analog: an adjournment of proceedings Forms of action — the broader procedural framework within which essoin procedure operated
ESSOIN ROLLmain
Black's Law Dictionary • 1891
A roll upon which es- soins were formerly entered, together with the day to which they were adjourned. Boote, Suit at Law, 130; Rosc. Real Act. 162, 163; Gilb. Com. Pl. 13.
ESSOIN ROLLmain
Bouvier's Law Dictionary • 1928
The roll containing the essoins and the day of adjournment. Rosc. R. Act. 162 et seq.
ESSOIN ROLLmain
Rapalje & Lawrence • 1888
-The roll upon which the essoins were entered, together with the day of adjourninent. Est aliquid quod non oportet etiam si licet; quicquid vero non licet certe non oportet (Hob.159): There is that which is not proper, even though permitted; but whatever is not permitted is certainly not proper. Est ipsorum legislatorum tanquam viva vox; rebus et non verbis legem imponimus (10 Co. 101 b): [The voice] of legislators themselves is like the living voice; we impose law upon things, not upon words. Est quiddam perfectius in rebus licitis (Hob. 159): There is something more perfect in things allowed. ESTABLISH, (defined). 49 N. H. 230, 237; 14 N. Y. 356, 361. (a market). 33 Pa. St. 202. (in United States constitution). 1 Story Const., § 454. ESTABLISH AND REGULATE, (a market, in city charter). 14 N. Y. 356, 361. ESTABLISH JUSTICE, (in preamble to constitution of United States). 2 Dall. (U. S.) 419, 475. ESTABLISH POST OFFICES AND POST ROADS, (in constitution of United States). 4 Wheat. (U. S.) 316, 417. ESTABLISHED, (defined). 11 Gray (Mass.) 306, 308. (in a statute). 1 Barn. & Ad. 861. (in Louisiana Civil Code, § 1079). 18 La. Ann. 49. ESTABLISHED BY A JURY, (in a statute). 126 Mass. 503, 504. ESTABLISHED COUNTY, (in a statute). 54 Ala. 639. (distinguished from "organized" usual in such cases to insert an express county). 25 Minn. 215, 219. condition to that effect. As to time being of the essence of the contract in sales of realty, see Parkin v. Thorold, 16 Beav. 59; Chit. Cont. 283; Leake Cont. 447. ESTABLISHING A SCHOOL, (in a will). 2 Cox Ch. 387.

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