The Principal is to be distrained to abide by what has been done by his Attorney, whether it be so done by Judgment or by Concord. But what must be done, if the Principal is incompetent to pay, and has nothing whereby he can be distrained, although the Attorney has? The Attorney, indeed, must not be distrained.
CHAP. V.
The principle that we have just laid down, that no one, unless present in Court, can effectually put another in his place, seems contrary to what is contained in the [first Book], upon the doctrine of Essoins.[419] For, it is there stated, that if any one should, after his third Essoin, send an Attorney, whoever he happen to be, with Letters, he should be received in Court. But this happens by force of the Judgment. A different Rule prevails where, urged by an order of the Court, or by a Distress, a person prays to put another in his place in a Suit, to gain or lose for him. It should also be observed, that Abbots and Priors of Canons Regular are received in Court, upon their own authority, without even the Letters of their Convents.
Other Priors, whether of Canons or Monks, if Cellarii[420] even though Aliens, are by no means to be admitted in Court, without the Letters of their Abbot or Grand Prior.[421] The Master of the Knight-Templars and the Chief Prior of the Hospital of Jerusalem[422] are also received upon their own authority; but none of their Orders of a Rank inferior to them are in the habit of being received. When one or more have been substituted in Court to conduct a Suit for another, in the manner before mentioned, whether the one can delegate his authority to another, or whether one of the two can nominate the other, or a third, in his place, or in that of his Principal, to gain or lose for him in that Suit, are points at least questionable.[423]
Book XII.
OF THE PLEA OF RIGHT; AND OF DIFFERENT WRITS OF RIGHT, DIRECTED TO THE SHERIFFS OR LORDS OF THE FEE, UPON VARIOUS OCCASIONS.