case sleigh against chetham in a formedon in remainder the tenant after  appearance by attorney and issue join cast a essoin instead of appear on the  return of the venire which essoin be challenge a imparlance be grant if the  tenant at the ensue term do not save his first default the demandant may sign  final judgement although no petit cape have be award SC ante SC lev SC Carth  SC Lutw Treby now argue for the plaintiff in error that the judgement final be  erroneous for that a petit cape ought to have be award a essoin be a  allegation of a a see the case of rastal v Hanford Leon b see Bracton b c and  lutterel case   c cro car palm Rep ante page case d cite in the case of  Rutland v bowler palm Rep e this be a writ of error on a judgement for the  plaintiff in the common plea SC lev on a special verdict on one count and  demurrer to another SC skin and the judgement be affirm SC Mod SC Carth shower  KB er p excuse for nonappearance if not legal it be as if there be none there  be but two sort of default one before appearance and one after in the latter  case the party be to be bring in upon a petit cape another sort of default  which be improper call so be where a man imparls to a time certain and be call  the same term and do not appear this be call a departure in despite of the  court a this ill essoin when turn to a default which be when it be judge ill  be a savable default and then a petit cape ought to have issue this amount to  no more than a default and be savable by the death or imprisonment of the  attorney b this be a real action and concern the freehold and be a matter of  the great value and the great favour be give to the possessor of it in  personal action a default after appearance be peremptory c the law give great  delay and benefit to the possessor of land by this hasty judgement the  inconvenience happen to the tenant be the loss of his freehold nevertheless  his default be savable now there be no way to save it but upon this process of  petit cape he can not save it before it be adjudge and he can not save it  after because by the default he be turn out of court this method take away the  opportunity of receive the wife or remainder to come in d and be tenant by  receipt in metcalf case it be say the feme be receive upon the return of the  petit cape then for authority Henry a petit cape be award cro car Jones roll  Abr Edward Kelway Henry dyer all these case be but one and strong than those  for there be a ill voucher and yet a petit cape award objection here be the  party call in ad to save defaltam he do not and so be the entry make answer he  can not save his default for no man can do it but when he come in upon process  the defaulter be not shower KB in court to save his default have no summons or  process to call he he be not there as a party appear for that purpose he be  only there to defend his essoin as it be challenge but not to save the default  Henry a essoin be cast the tenant be resummon because the court have adjourn  it and take time to consider of it objection this default be after imparlance  and therefore judgement final answer nun of their case come up to the purpose  when they be distinguish and understand for all their case be to be understand  of a imparlance to a day certain or a day uncertain in the same term in which  the imparlance be take this be the true intendment of all these book and I do  agree that such a default as a departure in despite of the court will be  peremptory and brook e give the reason of it because the term be but one day  in the case of lilburn v heron f it be that a default after appearance be when  it be a default upon imparlance immediate after it and then he may be more  stiff hold to it because the continuance be by imparlance but this continuance  here be not by the imparlance but by a adjournment two term after objection  that in a writ of right a default after the mouse join upon the mere right be  final but the case of Penryn   be quite contrary to the case of Lilbourn v  heron and so be the yearbook of Edward pi Henry pi pi because it be a  departure in despite of the court but admit it to be a special case and no  argument to be draw from it and so be Henry pi pi yet the yearbook say it be  in that single case and not to be extend further and the Henry pi give the  reason for it because it be the high writ there be other proceed in that than  in any other writ in a writ of right there be no challenge to the inquest the  tenant must begin to give evidence on the issue of mere right for he be quasi  actor and have a perpetual judgement for he for a enjoyment g if a release be  plead it be triable by another common jury and a default after that be a    light b Henry pi rastal Henry pi Henry pi c   light d   and see also dyer  assize pl Edward pl Edward pi e bro Abr title departure Henry pi f cro James  Yelv Bulst see also sand   light year   Bl Com g   light shower KB er p not  peremptory h in all case where default be except on the mere right a petit  cape shall go and the default be not peremptory as to the Henry pl that may be  answer because the matter be try shower KB trinder the judgement final be well  give a essoin cast when he have a attorney be a ill essoin and then the essoin  be disallow that turn to a default if a tenant make default before appearance  a petit cape issue if it be after appearance and a general imparlance there be  cause for a final judgement because it be a despite to the court otherwise on  a die act of giving give by the court there issue be join and a venire be  award and at the return the default be this be a very great delay to the party  and a contempt to the court such be fatal if after the mouse or issue join I  if so in a writ of right where judgement be fatal and final too much more here  in a action of inferior nature before issue join it be otherwise king this be  a special default and such a kind of criminal default as be mix with a  contempt that will produce a final judgement even before imparlance the cast  of a ill essoin and demurrer to a challenge be a great contempt and much great  than a default on a general imparlance which be agree to produce a final  judgement if the tenant have make default upon the day of the adjournment of  the essoin that will not have produce a judgement final so if he have waive it  but if he stand the argument of the essoin and that be adjudge against he it  turn to a contempt l and in more the party be estopped to say the attorney be  dead or remove because he appear by he and that will be contrary to the record  m if he appear and show not his warrant for the essoin he shall lose his seize  of the land n beside a petit cape be useless in this case for that be to bring  he in to excuse his default and he can allege none of these excuse for this be  not a common default but a special one by cast a insufficient essoin a petit  cape be dilatory in its nature and therefore it be a kind of discretionary  thing for it be not a error if award where it be not necessary on the whole he  pray a affirmance of the judgement Adjornatur judgement afterward affirm per  tout Le court