A writ to the effect that he was never so seised that etc.
[002] ‘The king to the sheriff, greeting. We order you to cause to come before you and the [003] keepers of the pleas of our crown in your full county court twelve free and lawful [004] men of such a vicinage by whom the truth may best be known, and to enquire [005] diligently by their oath whether B. the late husband of A. on the day he married [006] the same A. or ever thereafter was so seised in his demesne as of fee of so much land [007] with the appurtenances in such a vill that he could endow the aforesaid A. thereof [008] or not, because both the aforesaid A. and C. of N., against whom the aforesaid A. [009] claims a third part in dower, have put themselves on that jury. And the inquest [010] which you hold thereon etc. (as above).’ And let the order of inquests be observed [011] as above, according as it ought to be held before the justices or in the county court.1 [012] There may be many reasons why he could not endow her therewith, as where he [013] was never in seisin, or if he was in seisin gave it to someone before he had married [014] his wife, or held it only for life, or for a term as the property of another, or in wardship [015] with one who was under age, or as the maritagium or inheritance of his first [016] wife, or in villeinage as a villein. No one in such seisin may endow his wife, and hence [017] a general inquest2 may be taken in the manner described, which includes all these [018] species. But if in his narratio he descends to one in particular, and alleges the reason [019] why such a one could not endow his wife, as where he held in villeinage, or as the [020] maritagium of his first wife, or in wardship, or in some other way, as said above, then [021] let mention of this particular be made in the form of the inquest, in this way, namely, [022] ‘to recognize on their oath whether B., formerly the husband of A., on the day he [023] married the same A. or ever thereafter, was so seised in his demesne as of fee of so [024] much land with the appurtenances in such a vill that he could endow her thereof, or [025] whether, before he married the same A., he gave that land to C. of N. and made him [026] his charter thereof.’ Or thus, ‘whether B. formerly the husband of A., on the day he [027] married the same A., held so much land so freely and in fee etc. that he could endow [028] the same A. thereof, as she says, or held it in villeinage and as a villein, as C. alleges, [029] against whom the aforesaid A. claims a third part in dower.’ Or in another way, [030] ‘whether he held it as his right and in fee etc. or in wardship (or ‘as the right of his [031] first wife,’ or ‘for a term of years’ or ‘for the term of his life only’) because both the [032] aforesaid C.3 and A. have put themselves
Volume 3, Page 391
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