[001] plea and for his default.’ The writ is this, which is varied every day according to the [002] differences in actions.
Writ for attaching and putting one by gage and pledges in a personal action after he has defaulted.
[004] ‘The king to the sheriff, greeting. Put B. by gage and safe pledges to be before our [005] justices at Westminster on such a day to answer A. with respect to a plea why he does [006] not keep the agreement made between them (or ‘the fine made between them’) as [007] to so much land with the appurtenances in such a vill,’ or ‘with respect to the plea [008] that he warrant him so much land with the appurtenances in such a vill, which he [009] holds and claims to hold of him and as to which he has his charter,’ or ‘the charters [010] of his ancestors whose heir he is, as he says,’ or ‘with respect to the plea why he does [011] not do him the customs and right services which he ought to do him from his free [012] tenement which he holds of him in such a vill,’ or ‘from so much land with the appurtenances [013] etc.,’ or ‘with respect to the plea why he does not render him so much money [014] which he owes and unjustly detains, as he says,’ or ‘with respect to the plea why the [015] same A. with others came to his house and there committed such an injuria against [016] our peace.’ Let the writ of attachment thus be made in accordance with the various [017] actions and plaints, but let the foregoing suffice as examples. And at the end let this [018] clause be added: ‘And to show why he was not before our same justices at Westminster [019] on such a day, as he was summoned.’ Or if he was essoined on the other day, [020] then thus: ‘And to show why he did not keep the day given him by his essoiner at such [021] a term.’ If he comes on the first attachment, let him first answer as to why he did not [022] come on the day of the summons, or the day given him by his essoiner, and if he has [023] no excuse he will be amerced for default. [Let him then] answer on the principal plea. [024] If he does not come on the first attachment, the plaintiff offering himself for the suit, [025] let the fugitive be attached by better pledges to appear on another day to answer, [026] which is called the afforcement of pledges and is like the distraints made for services [027] and customs, where first, on the first distress, beasts are taken if the tenant does not [028] come on the day of summons, and if on another day he does not appear by that distress, [029] more are taken for afforcing the distress and those previously taken retained [030] beyond etc. as below. Let the enrolment be made thus: ‘A. offered himself on the [031] fourth day against B. with respect to such a plea (as above) and B. did not come and [032] he had defaulted at another time, after he was summoned, so that he was then [033] attached
Volume 4, Page 365
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