[001] because the demandant raises the exception of bastardy against C., by replicating [002] against her, one who alleges, by way of exception, that she is legitimate and the heir [003] and in seisin, that she is a bastard, the demandant will have to prove the bastardy. [004] What is said above about the bastardy of him who is born before marriage, may also [005] be said of him who is born so long after the death of his ancestor that it is impossible [006] for him to be the son and heir.1 There is also another similar writ on the same matter [007] against a tenant, male or female, who was born of an unlawful marriage, as of an [008] adulteress, that is, where one had two wives, one de jure and the other de facto, and [009] the child of the unlawful marriage is in seisin. Cognisance of a case of that kind belongs [010] to the ecclesiastical, not to the secular forum.
Writ when bastardy is raised against one in seisin.
[012] ‘The king to such a bishop, greeting. Know that when A. claimed against B. so much [013] land with the appurtenances in such a vill as his right, and the same B. came into the [014] same court and said that he was in seisin of the same land as of that which descended [015] to him hereditarily from a certain C., his father, whose heir he is, as he says, the same [016] A. objected against the same B. in our court that he can have no right in that land [017] because he is a bastard and born of an adulteress, asserting that he is the lawful son [018] and heir of the said C. Since cognisance of such matters belongs to the ecclesiastical [019] forum, we order you, having called together those who are to be called etc. (as above).’ [020] There is also another exception of bastardy which is to be transmitted to court [021] christian and not determined in the royal court, whether it is put forward by the [022] demandant against the tenant, or the tenant against the demandant, when this [023] reason is alleged, that the father of such a one never married his mother, whether he [024] is demandant or tenant. Let this writ then issue.
That his father never married his mother.
[026] ‘The king to such a bishop, greeting. Know that when A. in our court before etc. [027] claimed against B. so much land with the appurtenances in such a vill as his right, [028] the same B. came into the same court and said that the aforesaid A. could claim no [029] right in that land because he is a bastard, because C., his father, whose heir he claims [030] to be, never married his mother. And since cognisance of such bastardy belongs to the [031] ecclesiastical forum, we order you, having called together those who are to be called [032] before you etc.
Volume 4, Page 304
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