[001] he may then deny both, if both have been attested and proved. If neither, he will [002] then be free of default. If one, he must then deny it in the same way as above. If [003] [he denies] both and he fails in his proof of both, he will be in default, [and so if he [004] fails in the proof of one,] and seisin will be adjudged to the demandant. If he makes [005] his law as to both, seisin will be returned to him, that he may answer at once. If he [006] denies the first summons and admits the second, he will be in default unless he [007] alleges and proves some lawful impediment.1 [And so] though the impediment is [008] proved lawful, if the land lawfully seized into the hand of the lord king has not been [009] claimed on time by replevin.
What the procedure is if a default has been made.
[011] Let us return to court after the second default and the seizure of the land or other [012] thing into the hand of the lord king, when the tenant has not appeared at all, [013] neither on the first day nor the second, third or fourth, by himself or by a messenger, [014] as above. He may not be excused the default, and therefore let judgment follow [015] in these words: ‘A. who is present claimed against B. so much land with the [016] appurtenances in such a vill as his right. B. did not appear and was summoned at [017] another time, and the summons was attested (or not denied) so that the land was [018] seized into the king's hand because of the default which the said B. made on such [019] a day, and he was again summoned to appear on this day and did not come. The [020] sheriff was ordered to send the day of seizure and the sheriff sent the day of seizure, [021] and that he was summoned, and that the land was not claimed by replevin (or if it [022] was claimed it was not claimed in time). It was therefore decided that A. recover [023] his seisin and B. in mercy.’ Let the enrolment of the judgment afterwards be made [024] in these words: ‘A. presented himself on the fourth day against B. in a plea of land [025] etc. (as above).’ The writ for giving seisin is this:
Writ for having seisin after one has recovered by default.
[027] ‘The king to the sheriff, greeting. Know that A. of N. in our court before our justices [028] at such a place, by judgment of our same court, recovered his seisin of so much [029] land with the appurtenances in such a vill as his right (or ‘as her dower’) against [030] B. of N. by the default of the said
Volume 4, Page 153
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