[001] a parcener. [Or] that the parcener [not] mentioned is dead without an heir of his body, [002] or if he had heirs, they all are dead. [Or] that he who is alleged to be a parcener remitted [003] and quit-claimed all his right therein to his co-heirs. To the first of these [004] replications of the demandant, that the parcener is not named because he is a bastard, [005] a triplicatio may be made by the tenant that he is to be named because it is still uncertain [006] whether he can prove himself legitimate or not, and the same answer may [007] be made in the case of the villein who is not named. To the replication that the woman [008] parcener ought not to be named since she is married to a villein, the triplicatio may [009] be made that she ought to be named, because if she cannot take at the moment she [010] may take in the future because the villein may die. To the replication that the parcener [011] not named holds part of the inheritance in maritagium and is unwilling to put [012] her marriage portion into the pot, the tenant may triplicate that [since] that is still [013] within her election she ought therefore to be named in the writ. To the replication [014] that the parcener [not named] is in the allegiance of the king of France, the triplicatio [015] may be made by the tenant that he is to be named because the two lands may become [016] common. To the replication that the parcener [not named] is dead without issue, or [017] if he had children they are all dead, because it may be doubted whether it is so or not [018] let another day be given, that a certification be made, and according to that let the [019] writ stand or fall. There may also be doubt where he alleges that the parcener remitted; [020] let another day be given, as above, and let the parcener be summoned to appear to [021] show whether he claims any right with the other parceners in the inheritance, for if [022] he remitted that part accrues to the others. The same may be said, according to some, [023] of the bastard and the villein demandants not named, which some do not admit. Note [024] that some parceners may sue at once and take, and others may sue at once but take [025] nothing until a future time, as a woman married to a villein, and he who is in the [026] allegiance of the king of France, [but] all ought to be named. There are some who [027] once could take but now cannot, because they are made incapable by delict and felony, [028] as those condemned for crime; such need not be named. But all are to be named
Volume 4, Page 332
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