CHAP. VIII.
Pleas of this description, as, indeed, some others, may be transferred from the County Court to the supreme Court of the King for a variety of Causes: as, on account of any doubt which may arise in the County Court concerning the plea itself, and which that court is unable to decide; (and when any suit is thus transferred to the Court, then both parties, as well the Tenant as the Demandant, shall be summoned.) But, when it has been removed upon the Petition of one of the parties, it will then suffice, if that party be summoned who did not require the removal: but, if the suit should be transferred to Court by the consent and prayer of both parties, being present in Court together, then, neither party ought to be summoned, because the day appointed in Court is known to both of them. Upon the day appointed in Court, either both parties will be absent, or only one will be so, or both will appear. We have already sufficiently treated concerning the absence of both, or of one only of the parties. If both be present in Court, the Woman shall set forth her claim against her Adversary in the following words. “I demand such Land, as appertaining to such Land, which was named to me in Dower, and of which my Husband endowed me at the door of the Church, the day he espoused me, as that of which he was invested and seised at the time when he endowed me.”[176]
Various are the Answers which the Adverse party usually gives to a claim of this kind; in substance, however, he will either deny that she was so endowed, or concede it.
But, whatever he may allege, the Suit ought not to proceed, without the Heir of the Woman’s Husband. He shall, therefore, be summoned to appear in Court to hear the Suit, by the following Writ:——
CHAP. IX.
“The King to the Sheriff, Health. Summon, by good Summoners, N. the Son and Heir of E. that he be before me, or my Justices, on such a day, to warrant to A. who was the Wife of the said E. his Father, one Hyde of Land in such a Vill, which she claims to belong to her reasonable Dower of the Gift of the said E. her Husband, against N. and of which there is a Suit between them in my Court, if he will warrant that Land; or to shew to her why he ought not to do so. And have there &c. Witness &c.”
CHAP. X.
Should the Heir, after having been summoned, neither appear, nor essoin himself, on the first, second, nor third day; or if, after having cast the usual Essoins, he should on the fourth day, neither appear nor send his Attorney, it may be a question, by what means he ought or can be distrained, consistently with the Law and Custom of the Realm. In the opinion of some, his appearance in Court, shall be compelled, by distraining his Fee.[177]