[001] ancestor) never gave the said land (or ‘advowson’ or whatever) to the said D.,1 and [002] if he ever did so, it was in the illness of which he, the ancestor, died (or ‘after he had [003] lost his memory’ or ‘while he was of unsound mind’ or ‘while he was within age [and] [004] in the wardship of his ancestor’) as the same E.2 says, because both the said E.3 and [005] the said D. have put themselves etc. (as above).’
If the inquest is by the witnesses only, by consent of the parties.
[007] [If the parties so wish, the inquest may sometimes be made by the witnesses only, [008] sometimes by persons other than the witnesses, this proviso being observed, that if [009] the inquest is to be made by persons other than the witnesses let this clause always be [010] added at the end of the writ, ‘and meanwhile let them view that land (‘church’ or the [011] like).’] Or in another way: ‘to recognise etc. whether the said C. of his own free will [012] and voluntarily gave that land (or whatever) to that D., as the same D. says, or [013] whether he did it under compulsion and through fear as the same E.4 says, and if he [014] did it under compulsion and through fear, then enquire diligently as to the kind of [015] fear and compulsion the said [D.] brought to bear, and the inquest etc.’ Or in another [016] way: ‘to recognise etc. if A. the father of B. gave so much land with the appurtenances [017] in such a vill to C. and put him in seisin thereof, so that by that gift he was in seisin [018] for such a time during A.'s lifetime, and if the said C. afterwards demised that land to [019] the said A., the father of B., at farm or for life, or if the same A. was always in seisin [020] thereof and died seised thereof as of fee without the same C. having any seisin thereof [021] in that A.'s lifetime, because both the said B. and the said C., between whom there [022] is a dispute about the said land, have put themselves upon that inquest with respect [023] to it.’ And note that inquisitions of this kind are of general application and apply [024] wherever there is a dispute as to charters and gifts made by charters.
If a thing has been given to two, let there then be an enquiry as to priority.
[026] If one has given a single thing to two persons and a dispute arises as to priority, which [027] of them first had seisin, or if one has given an advowson to another and after that gift [028] the donor says that he presented to that church and the donee says that he did not, [029] let an inquest then be made both as to priority of the gift and of the presentation by [030] this writ.
If an advowson has been given to two.
[032] ‘The king to the sheriff, greeting. We order you to cause to come before our justices [033] etc. in such a place and on such a day sixteen, knights as well as other free and lawful [034] men of such a neighbourhood, by whom the truth of the matter etc., and
Volume 4, Page 237
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