turns to the damage of no one,1 and, [since] where there is the same reason there2  is the same law, he ought to be excused who is detained outside prison by force majeure  or by fraud so that he can neither come nor send, provided this may be proved  by certain proofs.3
Also if he is so infirm that he is unable to distinguish and has lost his memory etc.
 He may also be excused, as is evident, by analogy, as though in prison, if at the time  of the suit he is so detained by illness that he can neither come nor send, because he is  unable to take notice of things. A wife placed under her husband's potestas is also  excused for not making a claim, though she can send, as [in the roll] of Trinity  term in the fourth year of king Henry in the county of Gloucester, [the case] of Robert  Cusin.4 Thus it is evident that any lack of power excuses, as infirmity, force majeure  and the like, for this is a good occasion for proceeding from like to like.5 One is also  excused for not making a claim if during the whole period of the suit he was overseas,  for whatever reason, so that it is likely that he could be unaware of the plea.6 Nor  need he, in any of the aforesaid cases, make the claim after judgment or after the  chirograph delivered.7
If a fine has been made which cannot be observed or hold good as where the fine is void.
 One is also excused for not putting in a claim where the fine is void ipso jure, as where  it was made of a tenement held by another, 8<As where he who ought to have put in  his claim, or his ancestor, was in seisin of the thing when the fine was made, not he  who alleges the fine or his ancestor. And so if the fine contains a falsehood, as where  he who says that he was in seisin had no seisin when the chirograph was made.>9 or10  made by deceit and fraud, or in some other way to the prejudice of another, so that  it ought not to be good. On this matter may be found [in the roll] of Michaelmas term  in the third and the beginning of the fourth years of king [Henry] in the county of  Sussex, an assise of mortdancestor [beginning] if Matilda the aunt of Roger of  Badeleghe.11 One is also excused for not putting in his claim where the chirograph is  void, as where after a disseisin the disseisor enfeoffs another, because the fine may  be revoked and annulled.
If at the time of the plea neither he nor his ancestor had right.
 One is also excused if at the time of the suit neither he nor his ancestors could claim  any right in the tenement in question. He is also excused