Bracton: Thorne Edition: English. Volume 2, Page 136

Harvard Law School Library

Bracton Online -- English

Volume 2, Page 136

Next

Go to Volume: Page:

[001] intimation of the opposite; ¹by a bondsman we know to be another's we cannot
[002] acquire, nor does he acquire anything for his lord since he is possessed by someone
[003] other than his lord. By a bondsman owned in common we acquire, even the whole
[004] to one if he acts so as to acquire only for one;² if he does not so act it is acquired
[005] for each in common.³ ⁴We acquire by a bondsman we do not possess but in whom
[006] we have a usufruct, through his labor.⁵ ⁶A lord also acquires by a bondswoman as
[007] well as a bondsman, that is, by a woman as well as by a man. A minor acquires
[008] through a bondsman under age, if he has the authority of his tutor. One may
[009] acquire by a bondsman who is a fugitive, while he is possessed by no one, for as
[010] long as he is not possessed by another he is taken to be possessed by his lord,⁷
[011] [that is], until he has the exception by which he may protect himself in his free
[012] status, as where, if the lord has an action the villein has an exception.⁸ But if he
[013] has none and the lord acquires him by action he will obtain everything acquired by
[014] the villein.⁹ One acquires by a bondsman in an inheritance, while it is not taken
[015] up,¹⁰ for the inheritance represents the persona of the owner.¹¹ [One may retain
[016] possession by a bondsman]; if there are several bondsmen¹² an inheritance may be
[017] retained by one.¹³ By analogy it seems that if several tenants are bound to pay a
[018] rent and some pay their portions the entire rent is retained; and if I give another
[019] pasture for a hundred beasts, though the donee may not put in a hundred he will
[020] retain his pasture for that number by sending in one sheep.¹⁴ [By a free man we
[021] possess in good faith we acquire].¹⁵ A free man is not possessed by one who knows
[022] him to be free, nor can he acquire by him, but he may by a free man he believes to
[023] be a bondsman. But a free man is possessed in bad faith if, though he is not thought
[024] to be free he is thought to be the bondsman of another.¹⁶ ¹⁷Possession is acquired for
[025] us by a procurator or tutor, though we have no notice of their action.¹⁸ If we say
[026] that we do not acquire by those who¹⁹ take in our name, the result will be that he
[027] does not possess, that is, the procurator or tutor to whom another's property is thus
[028] delivered, because he does not have the animus possidendi, nor does he who has
[029] delivered,²⁰ since he has surrendered²¹ possession,²² nor will possession be vacant
[030] in the meantime.²³ [By a curator] possession is acquired for a minor even though
[031] he does not consent; when he reaches full age²⁴ he will have an actio negotiorum
[032] gestorum against his curator if he acted in bad faith in acquiring it; with respect to
[033] one of full age the result is otherwise, as above. ²⁵Possession [and dominium] is
[034] acquired by a procurator even without a taking, as where one orders a thing
[035] bought or given to be transferred to his procurator;²⁶ it is acquired when the order
[036] is given, for by that he declares his will. And so if he puts a custodian in charge of
[037] the thing.²⁷

Notes

1-2. D. 41.2.1.6-7; infra 288

3. Inst. 3.17.3; supra 88, 96

4-5. D. 41.2.1.8; infra 288

6-7. D. 41.2.1.12-14

8. Supra 85, 135

9. Supra 89

10. Reading: ‘per servum adquiritur hereditarium, dum hereditas iacet non adita;’ D. 41.2.1.16; Inst. 3.17. pr.

11. D. 46.1.22; supra 41

12. ‘Si plures servi sint,’ as D. 41.2.1.16

13. Supra 132

14. Supra 126, infra 160, iii, 166

15. Necessary in view of the qualifications that follow; D. 41.2.1.6

16. D. 41.2.1.6

17-22. D. 41.2.1.20

18. ‘etiam nobis ignorantibus’: Inst. 2.9.5; supra 87, 96; cf. supra 129, 133, infra iii, 270-71

19. ‘qui’ as D.

20. ‘tradiderit,’ as D.

21. ‘cesserit,’ as D.

23. Supra 124

24. Om: ‘Et’

25-26. D. 41.2.1.21

27. D. 41.2.51