[001] as to whom it is certain that they can take or doubtful whether they can take or not, [002] for where there is doubt the most favourable interpretation must be made, namely [003] that they may take, until the contrary is proved. If it is certain that they cannot [004] take, as in the case of a felon, [it is otherwise], nor does his portion accrue to the parceners [005] but to the chief lords, and therefore nothing of his belongs to the parceners. [006] Nothing accrues to parceners from the portions of those who may take at a later time, [007] but their parts will remain with the tenant or the chief lord until they are able to [008] take, according to some, but according to others the opposite is true, because since [009] they must be named1 in the writ and the plea proceeds to2 judgment under their [010] name, it seems that they ought to recover with the others, and since judgment is [011] rendered for them, execution must be made in their persons, and thus they ought to [012] be put in seisin like the others. But when they have seisin who will eject them? For [013] if they are ejected without judgment by the parceners or by others they will recover [014] their seisin de jure. If they are impleaded by the parceners the action falls de jure, [015] because nothing can accrue to the parceners, and thus they have no right, nor can [016] they claim anything by reason of wardship. What then is to be done?
When one parcener without the other obtains by fraud, or some fraudulently refuse to sue.
[018] But what if, when there are several parceners capable of inheriting, some claim and [019] obtain without the others, who are not named in the writ? Those not named may be [020] aided by the judge acting ex officio, because of the fraud. When there are several [021] parceners and all are named, and some are unwilling to sue, the writ will be good nevertheless [022] because the impetration is properly made; let those who have not come be [023] summoned to be present to sue with their parceners if they so wish; if they do not [024] wish to do so, the others may sue for their part nonetheless. The writ of summons [025] will be as follows.
For summoning parceners.
[027] ‘The king to the sheriff, greeting. Summon A. and B. by good summoners to be before [028] our justices on such a day and place to sue with C.
Volume 4, Page 333
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