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[001] writ lies1 before the justices of the king's court, so it will in the court of the lord
[002] king in the county, or in the courts of barons or others who have a court for pleas
[003] and suits and other things which may be pleaded and determined in county courts
[004] or seignorial courts. Then thus: ‘To the sheriff, such a one, [etc.]. Know that A. of
[005] N. was in a plea (or ‘in an assise’ or ‘jury’ or for some other reason, according to
[006] what necessity requires) in our court before our justices at such a place on such a
[007] day by our writ, so that he could not appear before you in your county court on that
[008] day for the plea which is in your same county court between him and such a one
[009] with respect to so much land (or to some other thing).’ Or in another way, if a term
[010] ought to be warranted: ‘Know that such a one etc. was before us in a plea on such
[011] a day and on the morrow and on the third day and the fourth, (or ‘from such a day
[012] to such a day’ or ‘on such a day so that he could not appear before you on that day
[013] or the next,’ so that the whole time during which he was before the justices in the
[014] king's court and all the daily journeys in coming to the county be counted, that it
[015] may be known that the excuse is lawful as to all that time. And then) so that he
[016] could not appear before you in your county court in such a plea within that term.
[017] Therefore we order you not to put him in default because of his absence before you
[018] in your county court during that term, nor allow him to lose in any way, because
[019] we warrant him that term.’ Or in another way: ‘that because of his absence on that
[020] day (or ‘during that term’) you do not put him in default, nor allow anything to
[021] occur before you by which he may be the loser, because we warrant him that day
[022] (or ‘term’). Witness etc.’ Let bailiffs of courts be written to in the same way. How
[023] the writ ought to be drawn may be drawn well enough from what has been said.
[024] The justices may write in the same way to sheriffs and bailiffs of courts in their own
[025] names, but on behalf of the lord king, in this way ‘Know etc. (as above). And therefore
[026] we order you on behalf of the lord king that because of his absence etc. (as
[027] above).’ Thus a greater court may excuse one from default in a minor court.2 And
[028] in the same way, a like or an equal court, as where the justices of the bench write
[029] in their own name to the justices itinerant, or conversely, though equal has no
[030] power over equal,3



Notes

1. Om: in minoribus curiis'

2. D. 42.1.54.1: ‘qui ad maius auditorium vocatus est . . . contumax non videtur.’

3. Supra ii, 33, iv, 72, 81, infra 157


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