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[001] they ought not to fly to a forbidden judicial enquiry. But it will be otherwise [if]
[002] a lay fee is disputed, unless it has been dedicated and consecrated to God and made
[003] a sacred thing, which is not true of a thing given in free and perpetual alms.1

Of the exception against the writ; where it ought to fall and where it ought not.

[005] 2The jurisdiction of the judge having been thus confirmed, let the writ next be heard,
[006] by which the right of action ought to be expedited and expounded, [and] that having
[007] been heard, the tenant may consider whether an exception may lie for him on the
[008] writ, because many exceptions lie for a tenant against the writ. The writ must agree
[009] with the action and must be impetrated in an appropriate case, otherwise it will be
[010] valueless. For example, if in the demesnes of the lord king the great writ of right
[011] patent is impetrated instead of the little writ of right close according to the custom
[012] of the manor, [the writ falls though the action does not,] or conversely. Nevertheless
[013] he may have recourse to the other writ of right, proper to his case, despite the fact
[014] that he first took action by a writ that did not lie, which is regarded as null,3 4<as in
[015] the eyre of Roger de Thurkelby in the twenty-ninth year of king Henry in the county
[016] of Nottingham.>5 And so if the order of writs is not observed, where several actions
[017] are available and he first sues by a writ of right on the property, that is, on both the
[018] right and the possession, he may not afterwards descend to lesser actions on the
[019] possession; if he does so, the action on the possession falls together with the writ.6
[020] [But though process had proceeded by writ of right, until the view is claimed the
[021] demandant may change his mind and revert to lesser pleas, as to the assise of novel
[022] disseisin and mortdancestor and other pleas, as [in the roll] of Easter term in the
[023] twelfth year of king Henry in the county of Berkshire, [the case] of Henry of the
[024] Exchequer, for there he descended to an assise of novel disseisin after a writ of right.]7
[025] 8<The order of writs may be well enough understood from what is said above.>9 A
[026] writ also falls if it is impetrated as to the means and quality of an act, where it ought
[027] to be impetrated as to the act itself,


1. Supra 265, 266

2. Supra i, 163 (full collation)

3. Supra ii, 321, iii, 38

4. Supra i, 418

5. Not in B.N.B.,; supra i, xiv, 370

6. Supra ii, 319

7. Not in B.N.B.; not on roll for Easter 12

8. Supra i, 418

9. Supra ii, 297, 319

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