[001] while he remained in the household of the said C., who now is not of the household of [002] the said C., as the said B. says. And unless he does so etc.’ And similarly of common of [003] pasture, if it has been aliened and demised for a term that has passed. Let this writ [004] then issue, provided the pasture is certain and limited to a certain number of beasts.
Writ for pasture given for a term that has passed.
[006] ‘The king to the sheriff, greeting. Order A. that rightfully etc. he render to B. common [007] of pasture for so many oxen and so many sheep, (and so on) in such a vill which he [008] claims is his right as appurtenant to his free tenement in such a vill, and in which the [009] said A. has no entry except through C., whose heir the same B. is, who demised that [010] pasture to him for a term that has passed, as he says. And unless he does so etc.’
If the parties put themselves on a jury: according to the different writs.
[012] When the demandant has put himself on an inquest and jury to prove his intentio and [013] the tenant similarly with respect to his answer and exception, let the juries be charged [014] in this way, according to the different kinds of writs. If for a term that has passed,1 [015] [enough has been said above on the form of inquest.] If by a husband whom a wife [016] could not gainsay, then thus: ‘to recognize on their oath if the aforesaid tenant had [017] any right or entry (or simply ‘any entry’) in so much land with the appurtenances in [018] such a vill which the aforesaid claims as her right (or ‘as her right and inheritance’ or [019] ‘as her right and maritagium’ or ‘as her dower which she had of the gift of such a one, [020] her first husband’), other than through such a one her former husband (or ‘her second [021] husband’ according to the form of the writ of entry) whom in his lifetime she could [022] not gainsay, or if he had his entry in the aforesaid land through the same demandant [023] who gave that land (or ‘sold it’) to him before her husband married her (or ‘after the [024] death of her husband in her liege widowhood’) etc.’ When the means and form of the [025] entry is denied, it will always be necessary to phrase the inquest disjunctively, [026] according to the answer of the tenant who denies the entry by excepting and [027] answering that he has an entry other than that which the demandant asserts, or a [028] different one through another. If conversely the wife aliens the property of her [029] husband or her own
Volume 4, Page 39
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