Henry Paynforere,1 concerning two persons below age, against whom an inquest  [of bastardy] proceeded by the assise, where it was objected that they were bastards  and the jurors so said, because they were born in adultery. But the two are not  contrary, because here they were demandants and in the other case tenants. And that  an inquest as to bastardy ought to proceed against a demandant within age on the  objection that2 his father never married his mother, [or that he was born before his  mother was married,] [may be seen in the roll] of the last eyre of Martin of Pateshull  in the county of Shropshire, [where] a jury proceeded on that question.3
If an inquest of bastardy is taken in such an assise.
 An inquest of bastardy is sometimes transferred to court christian, in the proper  circumstances, that is, when the marriage or espousals are completely denied in the  assise of mortdancestor. According as bastardy is raised by the demandant or tenant,  let the inquest be taken by this writ: The king to such a bishop, greeting. Know  that when A. in our court etc. claimed against B. and C. his wife so much land with the  appurtenances in such a vill by an assise of mortdancestor there summoned between  them (or4 against such a one so much land with the appurtenances in the same vill  as his right) the aforesaid C. said that she was the nearer heir of E., on whose death  the said A. brought that assise. The said A. objected against the same C. that she  could have no right in that land because she is a bastard. And since cognisance of a  case of this kind belongs to the ecclesiastical forum, we order you, having summoned  before you those who ought to be summoned, to enquire diligently into the truth of  the matter, and to make known to us by your letters patent the inquest you hold  thereon. Witness etc.5 And what ought then to be done will be explained more fully  below [of exceptions,]6 to which this may be added: if the tenant raises the objection  of bastardy against the demandant and the demandant against the tenant, for  demandant and tenant often quarrel with one another and say If I am a bastard  then you are too,7quaere which of them ought first to prove himself legitimate. It is  clear that the demandant ought to do so, because if he does not possession will remain  with the tenant, whether the tenant is a bastard or not. Thus the bastardy of the  demandant must always be investigated before that of the tenant, because if the  demandant has no right to claim, possession will remain undisturbed, as was said  above.