[001] such who are not essoinable, to recognise etc. whether or not A. the ancestor of B., the [002] wife of such a one [E.], after the same A. had given the advowson of that church to C. [003] and after he made him his charter thereof which he [C.] has, presented P.1 to the same [004] church so that he was admitted on his presentation and died the last parson of that [005] church, since both [E.] and B. his wife and the same C., between whom there is a dispute [006] about the same advowson, have put themselves upon that jury.’ [Or] ‘to recognise [007] on their oath, together with D., E. and F., witnesses named in the charter which [008] the said A. made concerning the same advowson to such an abbot, and together with [009] G. and H., witnesses named in the charter which the same A. made [to E. and B. his [010] wife] with respect to the same advowson, whether the said A. first gave that advowson [011] to the aforesaid [E.] and B. his wife or to the said abbot. And in the interim let them [012] view that church, and so inform themselves thereof that [they may the more fully [013] inform] our said justices etc. And have there the names of the jurors and this writ. [014] Witness etc.’ If the enquiry as to priority ought to be made by witnesses and by the [015] country, let it then be drawn thus.
If the enquiry
[as to priority] ought to be made by witnesses and the country. [017] ‘The king to the sheriff, greeting. We order you to cause to come before our justices [018] etc., A. and B., witnesses named in a charter which C. made to such a prior and such [019] canons with respect to the advowson of such a church, to recognise upon their oath, [020] together with twelve, knights as well as others etc., and together with E., F. and G., [021] witnesses named in a charter which the same C.2 made to such an abbot and convent [022] with respect to the same advowson, whether the said C.3 first gave that advowson to [023] the said prior and made him his charter thereof or to the said abbot. And meanwhile [024] etc. (as above)’ And thus an inquest is sometimes made as to the priority of a gift and [025] sometimes as to seisin and first presentation. Since an inquest ought sometimes to be [026] made in the county court4 and not before the justices, let the writ then be drawn in [027] this form.
If an inquest ought to be made in the county court and not before the justices.
[029] ‘The king to the sheriff, greeting. We order you to cause to come before you and the [030] keepers of the pleas of our crown in your full county court A., B. and C., witnesses [031] named in a charter etc. (as above) and in addition twelve, knights etc. (as above) of [032] such a neighbourhood by whom the truth of the matter etc., who are in no way related [033] to D. and E. and in no wise
Volume 4, Page 238
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