as to whom it is certain that they can take or doubtful whether they can take or not,  for where there is doubt the most favourable interpretation must be made, namely  that they may take, until the contrary is proved. If it is certain that they cannot  take, as in the case of a felon, [it is otherwise], nor does his portion accrue to the parceners  but to the chief lords, and therefore nothing of his belongs to the parceners.  Nothing accrues to parceners from the portions of those who may take at a later time,  but their parts will remain with the tenant or the chief lord until they are able to  take, according to some, but according to others the opposite is true, because since  they must be named1 in the writ and the plea proceeds to2 judgment under their  name, it seems that they ought to recover with the others, and since judgment is  rendered for them, execution must be made in their persons, and thus they ought to  be put in seisin like the others. But when they have seisin who will eject them? For  if they are ejected without judgment by the parceners or by others they will recover  their seisin de jure. If they are impleaded by the parceners the action falls de jure,  because nothing can accrue to the parceners, and thus they have no right, nor can  they claim anything by reason of wardship. What then is to be done?
When one parcener without the other obtains by fraud, or some fraudulently refuse to sue.
 But what if, when there are several parceners capable of inheriting, some claim and  obtain without the others, who are not named in the writ? Those not named may be  aided by the judge acting ex officio, because of the fraud. When there are several  parceners and all are named, and some are unwilling to sue, the writ will be good nevertheless  because the impetration is properly made; let those who have not come be  summoned to be present to sue with their parceners if they so wish; if they do not  wish to do so, the others may sue for their part nonetheless. The writ of summons  will be as follows.
For summoning parceners.
 The king to the sheriff, greeting. Summon A. and B. by good summoners to be before  our justices on such a day and place to sue with C.