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[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


1. Supra 148

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