that she ought not to have it because she was never joined in lawful wedlock to  the man in whose name she claims dower, no one but the king could order the  bishop to make an investigation. The plaint concerning a fine made in the court of  the lord king and not observed also belongs to the king in the first instance.8 The  reason is because no one may interpret a fine except the king himself, in whose  court fines are made, for he who establishes interprets.9 Pleas of this sort are infinite.  Many pleas are pleaded directly in the king's court of necessity, because others are  powerless to hear them, since no baron, sheriff or other person may take cognisance  of free tenements without the warrant or precept of the lord king, nor can they compel  anyone to take an oath with respect to his free tenement without such warrant.10  Nor is a tenant bound to answer,11 How pleas are transferred from court to court of  necessity, [or] through translation by pone, or because of the favour of the privileged,  as the Templars and others,12 will be explained more fully below.13
Where and before what persons
[civil] actions are to be instituted and proved.  14We must also see where and before what persons actions are to be instituted and  proved. This must be done in a judicial proceeding.
What a judicial proceeding is
[and how civil actions are to be instituted].  15We must see, therefore, what a judicial proceeding is. It is clear that no matter  what the action 16it is the threefold act of three persons, the judge, the actor  and the reus.17 It is clear that though18 the word persons may be taken in a  larger sense, [unless] there are at least two parties between whom the dispute  arises and at least a third who acts as judge, there will be no judicial proceeding,  for they are the principal parties to such a proceeding and without them it cannot  exist. The judge must employ the truth of judgment,19[and truth in judgment consists  in three things, in the indifferent and impartial acceptance of the parties, as  it is written in the first book of Deuteronomy, Hear them and judge righteously  between them, whether he be one of your country or a stranger. Ye shall not respect  persons in judgment, but shall hear the small as well as the great; neither shall ye  respect any man's person, for the judgment is God's.20 And in the same book,  chapter sixteen, Thou shalt not respect persons nor take gifts, for gifts blind [the  eyes of the wise],21 as below [in the portion] on justices.22 [Secondly], it consists in  diligent investigation, for it behoves a judge to seek out everything.23 Perceiving  this Job says, in twenty-nine, The cause which
11. Nec tenens ... respondere, from line 9; the portion infra 317, n. 7 to 318, n. 8 belongs here; Glanvill, xii, 25: sciendum quod secundum consuetudinem regni nemo tenetur respondere in curia domini sui de aliquo libero tenemento sine praecepto domini regis vel eius capitalis iustitiae