[001] ‘to recognize if the aforesaid A. father of B. had any right or entry in the aforesaid [002] land other than through the aforesaid C., who held that land in dower of the gift of [003] the aforesaid D., her former husband, whose heir the aforesaid E. is (that is, he who [004] claims) as the same E. says, or if he had his entry into that land through the aforesaid [005] E.1 who gave him that land by his charter and put him in seisin thereof, [that is], [006] attorned to the same A. the service of C. from the aforesaid land, as the same B. says. [007] And in the meantime etc.’ Let this suffice as to inquests for the present.
If a jury is to be summoned before the justices.
[009] If a jury, which was once before the four justices assigned, is to be summoned before [010] the justices, or before the king himself, let this writ be drawn. ‘The king to the sheriff, [011] greeting. We order you to cause to come before our justices etc. the jury which was [012] summoned before our beloved and faithful etc., on their arrival in those parts, between [013] such persons with respect to so much land with the appurtenances in such a vill, [014] which jury is not yet taken, as such a one records, in the same state in which it was [015] summoned before the aforesaid persons. And have etc.’ In that case, if the recognitors [016] do not come, let this writ be drawn. ‘We order you to have before etc. at such a term [017] the bodies of A., B., C., the recognitors of a jury summoned in our court etc. between [018] such persons with respect to so much land etc. to make that jury (or ‘to make that [019] jury with others chosen for that purpose’). We also order you put another knight in [020] the place of such a one, one of the chosen, who died (or ‘was removed’) and have him [021] at the aforesaid term to make that jury together with etc. (Or thus ‘We order you to [022] put six free and lawful men other than those already chosen and who are not essoinable [023] on the jury which was summoned etc. between such persons as to such a thing, [024] and to have them before etc.’) lest that jury remain for lack of recognitors, and in the [025] meantime let them see that tenement etc.’
If a termor claims his own seisin.
[027] Among other matters, note that when a termor claims his own seisin, he may do so [028] though he has no right in the thing or tenement [which] he has demised to another for [029] a term that has passed; because he has a sort of possessory right, of some kind and [030] to some degree,2 an action lies for him on his own demise
Volume 4, Page 42
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