[001] without delay to cause A. to have full seisin of the aforesaid land with the appurtenances, [002] and to cause escambium to the value from the land of D. to be assigned at [003] once to the same C. by the view of lawful men and by a reasonable extent.’ If the heir [004] is not under age but of full age, then let the writ be varied in part, thus: ‘Know [005] that when in our court etc. A. who was the wife of B. claimed in dower against C. [006] so much land with the appurtenances in such a vill, of which the aforesaid B. had [007] specifically endowed her, the same C. appeared and vouched D. to warranty, the [008] son (or ‘brother,’ or other heir) of the aforesaid B. through whom she claims that [009] dower (or thus: ‘D. the son and heir,’ or ‘brother’ or other heir, of the same B.) [010] and the warrantor of the dower of the same A., who appeared and warranted that [011] land to the same C. and showed no reason why the aforesaid A. should not have that [012] land as her specified dower. Consequently it was decided in our court etc. (exactly [013] as above).’ Thus in the first case each of them will remain in seisin until the minor [014] comes of age, and then let him, if he can, deliver to the tenant the land the woman [015] recovered from him. If he delivers it, let him again have his own land which he gave [016] in escambium; if not, let each remain in seisin as long as the woman lives. But if, [017] dower being unspecified, the woman recovers seisin of a third part against the minor [018] vouched to warranty, the tenant will hold the land claimed in peace and the woman [019] will have to the value from the land of the minor, by this writ.
A writ where she has recovered the third part, dower being unspecified; that the feoffee hold in peace and the heir provide dower for the woman demandant.
[021] ‘The king to the sheriff, greeting. Know that when in our court etc. A. who was the [022] wife of B. claimed against C. the third part of so much land with the appurtenances [023] in such a vill as her dower, the same C. came into the same court before etc. and [024] vouched D. to warranty, the son and heir of the aforesaid B., the late husband of the [025] same A., who is under age, who came and warranted him and showed no reason why [026] she ought not to have her dower thereof. Consequently it was decided in the same [027] court before etc. that the aforesaid C. hold the land claimed in peace and the aforesaid [028] A. have in the name of dower land to the value of the aforesaid third part from [029] the land of D. Therefore we order you, having first made an extent of the aforesaid [030] third part, to cause A. to have without delay and to be assigned, by the view of [031] lawful men and in accordance with what was said above, land in a suitable place to [032] the value of the aforesaid third part from the land of the same D. Witness etc.’ [033] When
Volume 3, Page 366
Next