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[001] and this writ. Witness etc.’ If the ancestor has entered into religion so that he is
 [002] dead for secular purposes, or has gone on a pilgrimage on which journey he has died,
 [003] the writ is altered thus: ‘ready to recognise on oath if such a one, the father (or
 [004] ‘mother,’ ‘uncle’ or ‘aunt,’ ‘brother’ or ‘sister’) of such a one was seised in his
 [005] (or ‘her’) demesne as of fee of so much land (or ‘rent’) with the appurtenances in
 [006] such a vill on the day he (or ‘she’) took the habit of religion, and if he (or ‘she’)
 [007] took that habit after the term (as above). And if such a one etc. (as above).’1 Or thus:
 [008] ‘on the day he undertook a journey of pilgrimage to the Holy Land (or ‘St. James’
 [009] or elsewhere) on which journey he died, as is said, and if he undertook that journey
 [010] after the last etc. And if such a one is his nearer heir.’2 There is another way and
 [011] another form where several parceners, co-heirs having one right, claim by the
 [012] assise, as several women of whom some are married and some not. Let it be drawn
 [013] in this way.

Another writ where there are several parceners demandants.


 [015] ‘The king to the sheriff, greeting. If A. and B. his wife and C. and D. the sisters of the
 [016] same B. have made you secure etc., then summon twelve etc. to be before etc.
 [017] ready to recognize on oath if such a one, the father of the same B. C. and D., was
 [018] seised etc. (as above) of ten acres of land with the appurtenances in such a vill.
 [019] And if etc. And let the tenant be summoned, one or several, who hold that land.’
 [020] [Where there are several] there will be several assises because of the number of
 [021] tenants. 3Note that where the demandant is within age he will not find pledges to
 [022] prosecute. Thus the writ will not say ‘if such a one who is within age has made you
 [023] secure etc.,’ but immediately after the greeting it will say, ‘if A. the father of such a
 [024] one who is within age was seised etc.’ Nor is the term to be added, for if the demandant
 [025] is within age it will be perfectly clear that the ancestor of the minor died after the
 [026] term.

Writ which is mixed in nature, mortdancestor and cosinage.4


 [028] There is another form of writ which is, so to speak, mixed in nature, partaking of the
 [029] writ of mortdancestor and of that of cosinage, where the inheritance descends from
 [030] one stock to two persons who are, so to speak, a single heir by different lines of
 [031] descent, as to a daughter, where the assise of mortdancestor lies, and a grandson by
 [032] another daughter, where cosinage lies on the death of the grandfather, a degree to
 [033] which the assise does not extend; hence the writ is [not] drawn in the form above
 [034] but is varied in this way, ‘if such a one the father (or ‘mother’) of A. and grandfather
 [035] (or ‘grandmother’) of B. (or ‘greatgrandfather’ or ‘ancestor’) was seised in his
 [036] demesne etc.’5 What is said of the seisin of [the father and mother on the part of the
 [037] said A. and of] the grandfather and grandmother on the part of the grandson
 [038] [B.], applies to their brothers and sisters, the uncles and aunts of the same A., and
 [039] the cousins or ancestors

Notes

1. Glanvill, xiii, 6

2. Glanvill, xiii, 4

3. New paragraph: supra 249

4. From 251

5. Infra 324

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