given against the record of the county court by wager of law. But what if it is transferred  for default from the court of a baron or another because they are unwilling  or unable to do right? If, the default of the court being proved or admitted, the  king's serjeant gave the parties a day in the county court, and the tenant then  defaults, let the land be seized into the king's hand in the same way, by the great  cape, because [until] the summons is attested1 by the serjeant the tenant may deny  it by wager of law.2 The same may be observed where all pleas in the Bench have  been put without day because of an eyre of the justices, or for some other reason,  and are again resummoned. If the tenant defaults after resummons, it seems that  seizure ought to be made by the great cape, because the tenant may deny such  summons by wager of law since he has had no day in court after the plea was put  sine die, and let the same be observed in every case on any new resummons. But  the contrary appears, as where bastardy has been so objected against a person that  the inquest as to bastardy or legitimacy is sent to court christian; after the enquiry,  [when] the inquest is sent back to the court, let the parties (and the plea which was put  without day because of the exception of bastardy) be resummoned to hear their  judgment. In that case, if the tenant does not appear, the seizure into the king's  hand is made by the little cape, that is, that the parties be present to hear their  judgment. The reason for the difference may be that when one has proved himself  legitimate, or his adversary a bastard, nothing remains but judgment, which is not  true in the other cases.
The little cape: where one defaults after he has appeared in court.
 The little cape lies when one has once appeared in court and has a day before the  justices, no matter at what time or for what reason, so that he cannot deny the day  and the summons nor defend by wager of law, or if the tenant has done something  from which it may be presumed that he has received the summons, as where3 he  has appointed an attorney in the plea because of which he is summoned to court, or  done something of the kind;4 he cannot deny the summons thereafter, as will be  explained more fully below [of defaults after appearance.] It is generally true that  seizure into the king's hand by the little cape lies where one defaults in a plea after  he has appeared in court, whether one has been impleaded or several, this distinction,  however, being taken, that if the several impleaded are co-heirs or other parceners  who hold in