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[001] ancestor) never gave the said land (or ‘advowson’ or whatever) to the said D.,1 and
[002] if he ever did so, it was in the illness of which he, the ancestor, died (or ‘after he had
[003] lost his memory’ or ‘while he was of unsound mind’ or ‘while he was within age [and]
[004] in the wardship of his ancestor’) as the same E.2 says, because both the said E.3 and
[005] the said D. have put themselves etc. (as above).’

If the inquest is by the witnesses only, by consent of the parties.


[007] [If the parties so wish, the inquest may sometimes be made by the witnesses only,
[008] sometimes by persons other than the witnesses, this proviso being observed, that if
[009] the inquest is to be made by persons other than the witnesses let this clause always be
[010] added at the end of the writ, ‘and meanwhile let them view that land (‘church’ or the
[011] like).’] Or in another way: ‘to recognise etc. whether the said C. of his own free will
[012] and voluntarily gave that land (or whatever) to that D., as the same D. says, or
[013] whether he did it under compulsion and through fear as the same E.4 says, and if he
[014] did it under compulsion and through fear, then enquire diligently as to the kind of
[015] fear and compulsion the said [D.] brought to bear, and the inquest etc.’ Or in another
[016] way: ‘to recognise etc. if A. the father of B. gave so much land with the appurtenances
[017] in such a vill to C. and put him in seisin thereof, so that by that gift he was in seisin
[018] for such a time during A.'s lifetime, and if the said C. afterwards demised that land to
[019] the said A., the father of B., at farm or for life, or if the same A. was always in seisin
[020] thereof and died seised thereof as of fee without the same C. having any seisin thereof
[021] in that A.'s lifetime, because both the said B. and the said C., between whom there
[022] is a dispute about the said land, have put themselves upon that inquest with respect
[023] to it.’ And note that inquisitions of this kind are of general application and apply
[024] wherever there is a dispute as to charters and gifts made by charters.

If a thing has been given to two, let there then be an enquiry as to priority.


[026] If one has given a single thing to two persons and a dispute arises as to priority, which
[027] of them first had seisin, or if one has given an advowson to another and after that gift
[028] the donor says that he presented to that church and the donee says that he did not,
[029] let an inquest then be made both as to priority of the gift and of the presentation by
[030] this writ.

If an advowson has been given to two.


[032] ‘The king to the sheriff, greeting. We order you to cause to come before our justices
[033] etc. in such a place and on such a day sixteen, knights as well as other free and lawful
[034] men of such a neighbourhood, by whom the truth of the matter etc., and



Notes

1. ‘D’

2. ‘E’

3. ‘E’

4. ‘E’


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