Under such solemnity, then, Pleas are generally removed from these
Courts into the County Court, and are there again discussed and finally
terminated, without any contradiction or recovery on the part of such
Courts, or the Lords of them, or their Heirs, so far as concerns the
Plea in question. But if, previously to such Court being proved in the
manner we have stated to have failed in doing right, any Plea should
be drawn from it to the superior Court, the Lord of the inferior Court
may take advantage of such circumstance and on the day appointed for
the Trial of the cause reclaim his Jurisdiction; because his Court has
not been proved to have failed in doing Justice; and thus he shall
be adjudged to recover it, unless it be there proved, that his Court
failed in doing Justice, as before remarked. It should, however, be
observed, that if a Plea has been so drawn to the King’s Chief Court,
it will be in vain for the Lord to reclaim it on the day of trial,
unless, on the third day preceding, he had claimed it, in the presence
of lawful Men.
But if no day be given to the Demandant on which to make his Complaint,
and he has experienced a delay, it will suffice for him to falsify the
Court, under the form before mentioned, in whatever part of the Fee he
may chuse, if the Lord has no residence[428] within the Fee, it being
lawful for him, as Lord, to hold his Court there, and put a day to the
Demandant, in whatever part of his Fee he chuses. But he cannot legally
do so out of his Fee.[429]
[Footnote 428: _Reseantisam._ Vide ante p. 10. Note 1.]
[Footnote 429: With this concur the Mirror, (c. 2. s. 28.) (Bracton
330. a.) and the Grand Custumary of Normandy, (c. 6. and 61.)]
CHAP. VIII.
But the Writ to be obtained ought to be directed to him only, of whom
the Demandant claims to hold, and not to another, nor even to the Chief
Lord. But, it may here be asked, what will be the consequence, if the
Demandant claim to hold of one Lord, and the Tenant of another? In
such a case, since the Lord to whom the Writ is directed cannot take
cognizance of the suit, and unjustly and without a Judgment disseise
another Lord of the right of holding a Court, of which he is understood
to be seised, recourse must necessarily be had to the County Court,
where the Suit shall proceed; or, in the Chief Court, so that both the
Lords ought to be present there by Summons, in order that the thing
should be discussed before them, in the manner we formerly mentioned
when treating of Warranties.
CHAP. IX.
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