[002] ‘The king to the sheriff, greeting. Seize into our hand so much land (or ‘the advowson [003] of such a church’ or ‘pasture for so many sheep’) with the appurtenances in [004] such a vill which A. of N. in our court before etc. claims as his right against B. for [005] the default of the same B. (or thus: ‘claims as his right against B. and C. his wife [006] for the default of the said B.’ or ‘for the default of the said C.’ Or thus, if there are [007] several co-parceners, for example, three, let the third part of the land held in common [008] be taken and let it say ‘the third part which such a one claims etc., as above.’ [009] If dower is claimed, then thus: ‘the third part of the land with the appurtenances [010] in N. which A. who was the wife of B. claims in our court etc. as her dower against [011] C. for the default of the same C.,’ and so according to the various kinds of pleas). [012] And summon the aforesaid B.1 by good summoners to be present etc. on such a day [013] to hear his judgment thereon. And have there the summoners and this writ. Witness [014] etc.’ On that day, if he does not appear, the fourth day will be awaited, and [015] on that day seisin will be adjudged to the demandant, so that he be made the true [016] possessor, and let the tenant have such recovery as he will have to have. And so if [017] the tenant appears and cannot cure his default. When he does not come, let the [018] enrolment be made thus: ‘A. presented himself on the fourth day against B. with [019] respect to such a plea etc. B. did not come and had defaulted at another time after [020] he had appeared in court (or ‘after he had a day in the Bench’ or ‘after he claimed [021] the view’ or ‘vouched a warrantor’) so that the land was seized into the lord king's [022] hand and he was summoned to be present on this day to hear his judgment. It was [023] therefore decided that A. recover his seisin and B. in mercy.’ If he who defaulted [024] is present on the first day and has neither an excuse nor a warrant, let the enrolment [025] then be varied thus: ‘A. claimed against B. so much land with the appurtenances [026] in such a vill so that B. had a day after he appeared in court, on which day [027] he neither came nor essoined himself, so that the land was seized into the lord king's [028] hand and he was summoned to be present on this day to hear his judgment thereon. [029] He now comes but cannot cure his default. It was therefore decided that A. recover [030] his seisin and B. in mercy.’ And let a writ for having seisin be drawn in the common [031] form of writs of default. But what if the demandant who ought to recover by such [032] default does not appear in court on
Volume 4, Page 167
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