[001] to the custom of our realm of England are to partition the demesne lands that [002] belonged to A. in your county, and which fall by inheritance to B. and C. her [003] sister. Then cause the aforesaid B. and C. to have their rightful portions in [004] accordance with the partition made by the same knights. Witness etc.’ If that [005] partition is later contested as being improper, let him again order the sheriff [006] to correct and amend that extent and partition, or if he is thought to be unreliable, [007] let justices be appointed in accordance with the example above. If the parties are [008] unwilling to be present at the extent and valuation, or at the partition to receive [009] their shares, let the justices or the sheriff proceed upon the lord king's precept by [010] this writ, when it is denied that one parcener is a co-heir.
Writ on the complaint of an eldest daughter and parcener who does not have her rightful share nor her seniority; and of making a reasonable partition by knights.
[012] ‘The king to the sheriff, greeting. It has been shown us on the part of A. and B. [013] his wife that though the same B. is a parcener and co-heiress with C. and D., the [014] daughters and heiresses of E., of the whole inheritance of the same E. and is E.'s [015] eldest daughter, the same A. and B. do not have the seniority of the same B. nor [016] her rightful portion, as they ought, according to the custom of our realm. And [017] since we are bound to do justice to everyone in our realm, we order you to advise [018] the said C. and D. to appear before us (or ‘you’) at such a place and on such a day, [019] if they so wish and think it expedient, to hear the [re]-partition of that inheritance [020] and receive, if they so wish, their rightful shares. If not, we shall proceed (or [021] ‘proceed’) nonetheless to the making of that partition and assignment on that day, [022] as is proper. Witness etc.’ In that case, when1 such persons appear after summons, [023] they must first be asked whether they have anything to say as to why the plaintiffs [024] ought not to be parceners and have their share with them according to their [025] respective dates of birth, that is, older or younger, or as to why the plaintiff ought [026] not to have her seniority. If when they appear they have nothing to say to the [027] contrary or if, though summoned, they do not come, let the partition proceed [028] nonetheless, keeping in mind improvements [made] and depreciation [suffered] by [029] each heir from the time that each received her share. 2If the extenders do not appear [030] to certify the king or the sheriff respecting the extent, valuation
Volume 2, Page 218
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