We have spoken concerning the absence of the Tenant, when he is merely summoned, and no Pledges are given. But, if the suit be of a nature to make it requisite, that the Tenant should find Pledges for his appearance, and the Justices or the County Court have recorded them, (which happens in the civil matter of a breach of a Final Concord made in the King’s Court before the King or his Justices, and in Novel Desseisins) then, if the Tenant neither appear at the first day, nor essoin himself, the Pledges are adjudged to be amerced to the King; and the Pledges shall be increased as to the principal Cause; and thus, should the Tenant absent himself on all the three days, the Suit must be proceeded in; and if at the third Summons he should not appear,[78] let his Tenement be taken into the King’s Hands, and retained in the manner before expressed; the Pledges being amerced, who are to be summoned to be present in Court on a certain day, to hear their Judgment. Should, however, the Plea be of a criminal nature, as, for example, concerning a breach of the King’s Peace, then, the proceedings must be according to the course of the Law, as in the above case, with this only difference, that as the party is accused,[79] if he fail to appear at the third Summons, his body shall be taken, and his Pledges shall be amerced.[80] [Footnote 78: There is in the original a marginal reference to the 44th, for the 45th, chap. of West. the 1st.] [Footnote 79: “_Rectatus_,” ad rectum vocatus. (Spelm. Glossar. ad voc.) _Rectum_ not unfrequently meant an accusation.] [Footnote 80: _Misericordia_, a fine arbitrarily imposed upon offenders, and so called, says Spelman, _quod lenissima imponitur misericordia_, heavy fines being contradistinguished by the significant term, _redemptiones_. (Gloss. ad voc. see also Co. Litt. 126. b. and Madox’s Excheq. c. 14.) In our progress through Glanville, we meet with the _misericordia_—_misericordia domini_—_misericordia vicecomitis_, and _misericordia domini regis_—Vide Infra. L. 9. c. 11. et not.] CHAP. XXXII. Having discussed those points which more frequently arise, in consequence of the absence of the Tenant, it remains to speak, concerning the Demandant’s not appearing. If the Demandant indeed appear not on the first day, he may avail himself of the same reasonable Essoins as the Tenant, and that by the same means. If, however, he neither appear nor essoin himself, then, the Court should award, that the Tenant, if present, either personally, or by another, as he ought to be, should be unconditionally dismissed. Yet this is not to preclude the Demandant from recovering, under certain restrictions, the same property, if he feel inclined to institute another suit concerning it.