[001] knights as well as other free and lawful men etc. (as above) and by their oath etc. as [002] to which the same A. complains that the aforesaid C. committed waste and destruction [003] to the value of so much and the inquest [etc.] send etc.’1
Of resummoning pleas put without day for other reasons.
[005] Since pleas may be put sine die in the king's court for many causes and reasons, and, [006] these causes having ceased or come to an end, the pleas must be resummoned, we [007] must therefore see how resummonses ought to be made for reasons other [than those] [008] of which we have spoken above, namely, how a plea ought to resummoned if it is [009] sent to court christian because of bastardy and thus remained without day in the [010] royal court, [and] because of minority, if a minor claims or a claim is made against [011] him. Now we must deal with the case where it has remained without day because a [012] minor is vouched to warranty. Then thus:
Writ for resummoning a plea when it remained without day because of the age of a minor summoned to warrant.
[014] ‘The king to the sheriff greeting. Summon A. by good summoners to be etc. (as [015] above) to hear the record and his judgment in the plea etc. which was in the same [016] court between B. demandant and C. tenant with respect to so much land with the [017] appurtenances in such a vill, as to which the same C., who is tenant, vouched the [018] aforesaid A. to warranty, so that the plea then be in the same state in which it was [019] when it remained without day because the same A. was then within age, who is now [020] of full age, as it is said. And summon the aforesaid A. by good summoners to be there [021] to warrant that land to the aforesaid C. or to show why he ought not to warrant it. [022] And have there the summoners and this writ. Witness etc.’
Because of the eyre of the justices.
[024] If it remained without day because of an eyre of the justices, then thus. ‘Summon [025] etc. (as above) so that the plea be there in the same state in which it was when it remained [026] without day because of an eyre of the justices through several counties.’ Or [027] thus: ‘[in which it was] when it was put before the justices at the first session when [028] they should come to those parts, to which they have not yet come as provided.’
Volume 4, Page 323
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