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[001] may defend herself against the plaintiff's suit by wager of law and thus evade the
 [002] penalty, which ought not be, for when damage is so done in a corporeal thing that
 [003] it is manifest to the sight of men, she cannot deny by wager of law that it is not so,1
 [004] because the view would thus be contrary to the oath of the jurors. It is better, therefore,
 [005] when the woman denies waste, that a view be made of the thing wasted contrary
 [006] to the prohibition, and of the kind and extent of the waste, and when the waste is
 [007] established by the view and the oath of honest and lawful men, that it be emended.
 [008] But in obligations and contracts and stipulations, which are entered into by consent
 [009] and will, as in agreements, promises, gifts, sales, and the like, [where] if suit is produced2
 [010] and the suit is examined, it only raises a presumption, the defendant may
 [011] defend himself against suit by wager of law, the number of those swearing being
 [012] doubled, at least, who, since there are more, raise a stronger presumption in support
 [013] of their verdict.3 Thus the stronger presumption overcomes the weaker. But if the
 [014] plaintiff has proof, such as instruments and sealed charters, against such proofs there
 [015] will be no defense by wager of law. If the validity of the instrument4 is contradicted,
 [016] it will be proved by the country and by the witnesses.

The woman can answer to the waste.


 [018] The woman may also answer that if waste was committed there it was done not in
 [019] her time but in that of another, that is, of her husband, [or] of the guardian or the
 [020] heir, before the assignment of dower. If the plaintiff denies this let the truth be
 [021] inquired by the country.5

When it is necessary to make the view of waste.6


 [023] When the plaintiff has suit and the woman denies the waste, and both put themselves
 [024] on the country, the sheriff will be ordered, having assumed knights, to cause a
 [025] view to be made of that waste [etc.] by this writ.

A writ for viewing waste by the sheriff and the country, and that twelve knights come on a certain day to view that waste and that he remit the inquest to the justices.7


 [027] ‘The king to the sheriff, greeting. We order you to go in your own person, taking
 [028] with you [twelve], both knights and other free, lawful and honest men of such a
 [029] vicinage, to such a manor, which A. who was the wife of B. holds in dower of the
 [030] inheritance of the same B. and cause the view

Notes

1. B.N.B., nos. 443, 580 (margin)

2. ‘secta producatur’

3. ‘in defensione dicti’; supra 371

4. ‘fides instrumenti,’ all MSS

5. C.R.R., xiv, no. 1788

6. ‘Cum necesse . . . de vasto,’ from line 25

7. ‘et quod . . . diem ad videndum de vasto illo,’ from lines 28-29

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