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[001] the truth is established. First, [if] it is said that the absentee is a bastard, let him be
[002] summoned by a writ in the form above, ‘that he be present before the justices at a
[003] certain day and place to show what right he claims in so much land with the appurtenances
[004] in such a vill, which such a one claims against such as his right (or ‘by an
[005] assise of mortdancestor’) as to which he, the demandant, says that he is a bastard
[006] and can claim no right in the said land.’ On this matter may be found [in the roll] of
[007] Trinity term in the fourth year of king Henry in the county of Somerset.1 2<If there
[008] is doubt whether a parcener not named is dead, let another day be given, that there
[009] may be an enquiry as to the truth in the interim, as in the eyre of Martin of Pateshull
[010] in the county of Kent in the twelfth year of king Henry, [the case] of William son of
[011] Robert.3 We must see, when a tenant parcener holds separately, after partition, and a
[012] tenant parcener who holds no part of the thing claimed dies, whether the action falls
[013] by his death, as though he who holds the thing4 had died. In truth it does not fall,
[014] no more than if a warrantor vouched should die,5 but the writ falls6 and must be
[015] begun again [if he is named in the writ it falls; it is otherwise7 if he is not named,]
[016] [against his heir; if] he has an heir within age, the heir's age will be awaited.> With
[017] respect to what is said of a woman married to a villein, that if she is not named the
[018] writ falls, as above, and if she is named the plea is good and proceeds as to the others,
[019] she being temporarily excluded from the claim until the villein dies: in the eyre of
[020] Martin of Pateshull in the county of Lincoln in the tenth year of king Henry, [the
[021] case] of Hugh de Hul.8 9<To the same intent [in the roll] of the eyre of Robert de Vere
[022] earl of Oxford and Martin of Pateshull, in the fifth year of king Henry in the county of
[023] Hertford10 an assise of mortdancestor [beginning] ‘if William of Ledewith.’>11 That
[024] the writ falls if she is not named, may be found in the same eyre in the same county,
[025] an assise of mortdancestor concerning Matilda daughter of Godwin;12 the reason there
[026] given is that the villein could die. With regard to an absent parcener as to whom the
[027] demandant replicates that he is a villein, let him be summoned to show what etc.
[028] With respect to what is said, that a parcener has betaken


1. C.R.R., viii, 242-3 (Hil. 4); not in B.N.B.

2. Supra i, 421

3. Not in B.N.B.

4. ‘rem’

5. Supra 225

6. ‘cadit’

7. ‘Secus’

8. Not in B.N.B.

9. Supra i, 422

10. ‘Hertfordiae’: B.N.B., i, 162

11. Not in B.N.B.

12. Not in B.N.B.

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