When a bailiff replies without his lord; what power he has and what he can and cannot do.
 The writ also contains the words Put such a one, or his bailiff if he has not been  found, under gage and safe pledges. Hence we must see what a bailiff may do and  what not. It is clear that he cannot do everything his lord may do. He cannot admit  the disseisin so as to prevent the assise from proceeding, but the truth of the matter  will be declared by the assise. Nor can he compromise a doubtful claim, nor come to  an agreement, nor make a wager, nor do any other thing by which the loss of his  lord's seisin is facilitated, in whole or in part, only if it is by judgment and the assise.  An attorney, on the other hand, may do all these things. There is thus a great difference  between a responsalis and an attorney. He may, however, speak against the  assise, just as the principal lord himself may, that it remain, perpetually or for a time,  1<also against the jurors and put forward [any] reason for suspicion.> [and] against  the jurors, the plaintiff and the judge, if he has no jurisdiction, and against the writ.  And generally, he will have all the exceptions the principal lord would have. [The  writ also says that] the sheriff have the names of the pledges and the writ: the names  of the pledges, as where the plaintiff retracts, [that] all the pledges may be in mercy;  2<Security is to be given him to whom the advantage ought to accrue, for if security is  lacking, the pursuit of satisfaction, that is, of the amercement, will be difficult, because  of liberties, I mean.> the writ, that by it the judge may have the power of  taking cognisance. If he does not have the writ before the justices, where it is lost,  we must see whether the matter is new or already begun. If it is new, no jurors having  yet been chosen and no view of the tenement made, though it has been publicly read  and heard in the county court,3 another writ will be necessary. If it is not new, the  writ having been publicly read and heard in the county court and a view of the land  made, the assise will proceed despite loss of the writ.4
Of matters which impede restitution, temporarily or permanently.
 5There are some matters which impede restitution [temporarily or permanently,  permanently, because they give rise to a peremptory exception,]6 and when they fall  into the assise are preliminary and must be determined first, since they are put forward  first, and determined in the manner of a jury, not in that of