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[001] or because the lord has no court.] not to superior chief lords but only to the county,
[002] since the writ states that if the person named does not do it that the sheriff may immediately
[003] take it in hand. Also because of the lack of authority of the chief lord, as
[004] where a warrantor is vouched who is resident outside his potestas, or perhaps the deforciant
[005] has essoined himself of bed-sickness outside his lord's potestas, so that, though
[006] [he is] lord, he cannot send knights. [The king sometimes does this by his writ.] Also
[007] where the tenant has put himself on the grand assise. And there are an infinite number
[008] of other causes. If the chief lord begins to hold the plea and then dies, though his heir
[009] is within age the writ does not fall on that account, because the court will judge. I am
[010] unwilling to put into this tractate [a discussion] of the issuing of summonses to the
[011] court of the chief lord, how many there ought to be, and how many defaults or essoins,
[012] because of the different customs which are differently observed in different courts.
[013] But it is clear that in claiming the view and sometimes in vouching to warranty, in
[014] putting forward exceptions and waging duels, and in all other matters which can and
[015] ought to be determined in the courts of lords, the [practices] observed in the royal
[016] court ought to be followed.1

How the default of a court may be proved.

[018] When the chief lord is unwilling or unable to do right and his court has thus failed of
[019] right, we must see how the default ought to be proved, so that the plea may be transferred
[020] to the county court, and then, when the suit begins to be in the county, up to
[021] what time the chief lord may claim his court, since he perhaps has not failed of right.
[022] 2After the default of the chief lord's court, let the demandant go at once to the county
[023] court and there show that his lord's court has failed to do him right. Proof of the
[024] default having been waged in the hand of the king's serjeant, according to some, let
[025] the sheriff instruct the serjeant to go at once, taking with him honest and lawful men,
[026] to the court of that chief lord, [if he has and holds a court, or if he has no court, to
[027] the place where he has his residence, provided that is in the same fee as the land
[028] claimed. If he holds no court and has no residence, it then suffices if the demandant
[029] proves the default at any place on that fee, according as the lord has the choice of
[030] holding his court wherever he wishes on his fee, since he cannot dejure hold it outside.]
[031] and see if the court has failed to do the demandant right.


1. Infra 54, 55

2. Glanvill, xii, 7

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