“The King to the Sheriff, Health. I command you that, without delay,
you take into my hands the half of the lands in such a will, which
_M._ claims, as her Dower, against _R._ concerning which there is
a suit between them in my Court, and that you make known the day
of the caption to my justices. And summon, by good Summoners, the
aforesaid _R._, that he be before me[62] or my Justices at Westminster
_a crastino octabus clausi Paschæ in quindecim dies_, to hear his
judgment, and have there the Summoners and this Writ. Witness Ranulph
de Glanville at Westminster, &c.” In addition, let the Sheriff of the
County be commanded to take the Essoiners, as Defaulters, and to detain
them, and for this purpose the following writ shall Issue:
[Footnote 62: Vide Madox’s Excheq. c. 3. s. 3.]
CHAP. XIV.
“The King to the Sheriff, Health. I command you that, without delay,
you diligently seek, through your County, _A._ who has falsely
Essoined _B._ against _C._ in my Court, and that you safely keep him,
until you have my other precept. Witness, &c.” The Defendant himself
shall also, in the mean time, be summoned to appear before the King,
or his Justices, to show why he has not warranted his Essoiner, and to
answer to the principal suit. Besides, the Pledges of the Essoiners
shall be summoned, by the following Writ.
CHAP. XV.
“The King to the Sheriff, Health. Summon by good Summoners _T._ that he
be before me, or my Justices, at Westminster, in fifteen days from the
Pentecost, to show why he has not had _I._ before me at Westminster, on
such a day, to warrant the Essoin that _I._ made for him in my Court
against _M._ as he pledged himself to have him. And have there the
Summoners, and this Writ. Witness, &c.”
CHAP. XVI.
But, if the Tenant appear within the fifteen days, and be willing
to replevy the Tenement, let him be commanded to attend, on a day
appointed, that he may then have justice done him; and, if he appear on
that day, and find pledges, he shall recover his seisin, and may retain
it. If he deny all the Summonses, and all the Essoins, and disprove
them individually with the oaths of twelve, or if he acknowledge the
first Summons, and warrant the three Essoins, and save the fourth day
by the King’s Writ of warranty, which he should forthwith produce, he
may also retain his Seisin. But, if the Tenant appear not within the
fifteen days, the seisin shall, on the following day, be adjudged to
his adversary, so that the Tenant shall never again be heard concerning
it, unless by the King’s Writ concerning the Right.[63] But the
Demandant shall be put into the possession of the Tenement, by the
following Writ, directed to the Sheriff.
[Footnote 63: The severity of this Law was mitigated by 9 Ed. 3. c.
2. whereby none were to lose their land, by reason of _non-plevin_. A
note to this effect is inserted in the margin of our Author; but the
reference to the chapter is erroneous.]
CHAP. XVII.
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